Sunday 28 December 2014

Kashering Formica Counters and Plastic

Question: I have just moved into a new home and need to kasher the kitchen. What is the halacha regarding the formica countertops? Is it the same for plastic utensils?
Answer: There is a machlokes among the rishonim as to how to treat materials that aren’t mentioned in the Torah.
Thus, for example, while most rishonim including the Shulchan Aruch (OC 451:26) hold that as glass is non-absorbent, it does not need to be kashered, the Rema follows the Mordechai (Pesachim 374) who writes that glasses can’t be kashered for Pesach because they are made from sand and therefore similar to earthenware.
R’ Yechiel Yaakov Weinberg (Seridei Aish 1:46) writes that the acharonim are lenient regarding plastic and such utensils may be kashered through hagalah (placing in boiling water). R’ Eliezer Waldenberg (Tzitz Eliezer 4:6:3) compares plastic utensils to stone ones and permits kashering through hagalah.
R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 1:86; 3:67) writes that while one shouldn’t specifically buy non-kosher plastic utensils, if one’s plastic utensils became treif, one may kasher them. One should avoid doing this to kasher for Pesach.
R’ Moshe Feinstein (Igros Moshe OC 2:92) wrote that while one may kasher natural rubber, one cannot kasher materials made from synthetic substances (See Igros Moshe EH 4:7 regarding Teflon). R’ Shimon Eider (Halachos of Pesach 13:n5; 10) writes that R’ Moshe told him that this only applied to kashering for Pesach. One may use hagalah to kasher during the year, however.
In conclusion, while most poskim don’t allow one to kasher plastic or formica countertops for Pesach, one may do so during the year when necessary.

Saturday 20 December 2014

Lighting in Shul

While the mitzva to light the Menora only applies at home, the Shulchan Aruch (OC 671:7) writes that the minhag is to also light in shul. The Rivash (Shut Harivash 111) writes that although one doesn’t fulfil the mitzva by lighting in shul, one should still recite the berachos when lighting, comparing it to the minhag of reciting hallel on Rosh Chodesh (see Shut Chacham Tzvi 88; Yabia Omer 7 OC 57:4). He explains that this minhag developed when it became forbidden to light the Menora outdoors. Lighting in shul ensured that the miracles of Chanuka were publicly commemorated (pirsumei nisa).
While the Rema (OC 671:7) follows the Rivash that one can’t fulfil one’s obligation to light through the shul’s menora, the Kolbo (44) writes that one reason for this minhag is on behalf of those who don’t light at home. The Beis Yosef (OC 671:7) writes similarly that visitors can fulfil their obligation through the shul’s Menora. The Shibolei Haleket (185) writes that as visitors no longer sleep over in the shul¸ this reason no longer applies. Other reasons suggested are to educate others how to recite the berachos (Beis Yosef) and to commemorate the Menora in the beis hamikdash (Kolbo).
The Mishna Berura (671:46) writes that the ideal time to light in shul is before maariv so many people can see it. After maariv people want to rush home to light their own.
While there are different opinions  as to where the Menora should be placed (see Darkei Moshe OC 671:6), most follow the Shulchan Aruch (OC 671:7) who writes that it should be placed on the right side of the aron hakodesh as in the beis hamikdash it was placed on the southern wall (Mishna Berura 671:40). The one lighting should stand to the south of the Menora.
The Mishna Berura (671:45) writes that the one who lights in shul must light again at home. While he repeats the berachos, he should only recite shecheyanu if he is lighting on behalf of others, too (See Igros Moshe OC 1:190).
One who had already lit at home (e.g. on Friday) may repeat all of the berachos including shecheyanu.
R’ Ephraim Greenblatt (Rivevos Ephraim 3:453; 5:432; 8:273:1) writes that one doesn’t need to leave the shul menora alight for half an hour, and one may extinguish it for safety reasons, etc. (See Teshuvos Vehanhagos 4:171).
The Pri Megadim (Eishel Avraham 670:2) writes that the minhag is to relight the menora in the morning to burn during shacharis though no beracha is recited (See Yalkut Yosef, 671:17).
Ideally one should wait until there is a minyan present to light (See Shaar Tzion 671:54; Rivevos Ephraim 8:265:6). R’ Ovadia Yosef (Yabia Omer 10 OC 55:37) writes that as women were included in the miracle of Chanuka, they count towards the minyan

Saturday 6 December 2014

Preparing for After Shabbos

Question: I live within an eruv. Can I carry my tallis home after Shul even though I won’t be using it before next Shabbos?
Answer: The Mishna (Shabbos 113a) teaches that one mustn’t prepare one’s bed on Shabbos for after Shabbos as it is a prohibition of hachana, preparing. Thus, the Shulchan Aruch (OC 323:6) allows one to wash dishes that they will use again on Shabbos, but not for use after Shabbos.
Accordingly, one would not be able to take one’s tallis home on Shabbos because he wants to take it to a different shul the following day.
The Mishna Berura (290:4) writes that one shouldn’t say that they’re sleeping on Shabbos in order that they will be able to work after Shabbos. This applies to all forms of hachana if it is clear that one is doing so in order to prepare for after Shabbos. R’ Yehoshua Neuwirth (Shemiras Shabbos Kehilchasa 28:77) writes that this even applies to mitzvos. Thus, one may not prepare for havdala while it is still Shabbos.
R’ Shlomo Zalman Auerbach (quoted in Shemiras Shabbos Kehilchasa 28:89) and R’ Ovadia Yosef (Yalkut Yosef, Hachana Mishabbos Lechol 12) maintained that things that one regularly does as a matter of course may be done on Shabbos even if it may be preparing for another day. Otherwise, one wouldn’t be able to put books back on the shelf after using them! Thus, one may take one’s tallis home after wearing it. Likewise, one may carry one’s keys even though they won’t be used until after Shabbos.
In conclusion, one may take one’s tallis home after wearing it providing that they are not specifically doing so in order to use it after Shabbos.

Sunday 30 November 2014

Announcing Yaaleh Veyavo

Question: What are the halachos of reminding others to say yaaleh veyavo on rosh chodesh? Is it okay to say ‘yaaleh veyavo’ loudly during shemoneh esrei?

Answer: The Gemara (Berachos 9b) teaches that one should not interrupt between the beracha of geula, redemption, and the amida. This applies during shacharis and maariv.

The Shulchan Aruch (OC 236:2) writes that the chazan announces ‘rosh chodesh’ before shemoneh esrei to remind everyone to say yaaleh veyavo. As this is necessary for davening, it is not considered to be an unnecessary hefsek (See Shut Harashba 1:293). However, the Mishna Berura (Shaar Hatziyun 236:4) writes that this only applies during maariv. One may not announce this during shacharis, when there must not be the slightest interruption before the amida (See Taz OC 114:2).

The Kaf Hachaim (OC 236:16) writes that the chazan may announce the words ‘yaaleh veyavo’ loudly while saying his amida, even starting his amida early if necessary. R’ Shlomo Zalman Auerbach (Halichos Shlomo, Rosh Chodesh 1:1) maintained that it is inappropriate for anyone other than the chazan or gabbai to do so then. One is allowed to hint to someone else to say yaaleh veyavo, however. Similarly, R' Moshe Stern (Baer Moshe 4:10) writes that while anyone may say the words ‘yaaleh veyavo’ loudly, no one else should do so afterwards.

The Kaf Hachaim (OC 236:17) notes that in Yerushalayim, the minhag is not to announce anything. Elsewhere one may announce ‘yaaleh veyavo’ during maariv, though not other announcements that are of lesser importance, such as al hanissim. Nonetheless, the Mishna Berura (236:7) allows all such announcements (See Magen Avraham 236:1).

In conclusion, the gabbai may bang on the table before the amida in shacharis¸ and may say the first couple of words of yaaleh veyavo out loud during his amida, though others should not do so. In many shuls the gabbai announces ‘yaaleh veyavo’ before the amida of (mincha and) maariv.

Sunday 23 November 2014

Buying non-Kosher Gifts

Question: I want to buy gifts for our non-Jewish clients. Can I buy them non-Kosher food and wine?
Answer: The Shulchan Aruch (YD 117:1) writes that one must not do business with any food which is forbidden to eat mideoraisa. The Rema writes that one must not, therefore, buy such food for one’s non-Jewish workers as one stands to benefit from giving such gifts (See Kaf Hachaim YD 117:28).
The Taz (YD 117:2), however, allows buying such food for workers, arguing that such gifts do not constitute business (See Shach YD 117:3).
The Shulchan Aruch (YD 87:1) writes that meat and milk that were cooked together are assur behanaah, forbidden to benefit from. Therefore, if one received such a food product, one may not even pass it on to a non-Jew. The Rema writes that this does not apply to foods that are assur miderabanan. Thus, one may buy food that is bishul akum, etc.
Nonetheless, the Kaf Hachaim (YD 117:52) writes that even those poskim who are stringent would allow buying gifts for non-Jews. Likewise, the Aruch Hashulchan (YD 117:19) writes that one does not need to spend more money in order to buy Kosher food.
The Aruch Hashulchan (YD 117:28) and Kaf Hachaim (YD 117:47) write that if one received non-Kosher meat, one may pass it on to a non-Jew.
The Rema (YD 123:1) writes that as there is a machlokes about the status of non-Kosher wine (stam yeinam), one should not benefit from it unless one will make a substantial financial loss. Therefore, if one receives such a bottle, they may rely on the lenient authorities and pass it on.
In conclusion, one may buy non-Kosher food to give to non-Jewish people, though one must not buy meat and milk cooked together or non-Kosher wine. One who receives such wine or meat may pass it on, though.

Sunday 16 November 2014

Slow-Cookers on Shabbos

Question: Do I need to line my slow-cooker with foil in order to use it on Shabbos?
Answer: The Gemara (Shabbos 36b) writes that to prevent one from accidentally lighting a fire on Shabbos (mavir) there is a restriction against leaving uncooked food cooking on Shabbos (shehiya). The Mishna (Shabbos 3:1) teaches that one may place a pot in an oven after one has removed the coals (garuf) or cover the coals with ashes (katum).
The Chazon Ish (OC 37:11) writes that placing a metal sheet, or blech, over one’s stove hardly affects the cooking and so doesn’t help on Shabbos. Nonetheless, the Kaf Hachaim (OC 253:11), R’ Moshe Feinstein (Igros Moshe OC 1:93), R’ Eliezer Waldenberg (Tzitz Eliezer 7:15) and R’ Shmuel Wosner (Shevet Halevi 1:91) write that placing a metal sheet or blech over one’s stove would be considered garuf vekatum, allowing one to leave food on the flame even if it wasn’t yet fully cooked when Shabbos begins (See Biur Halacha 253:1).
A second issue with slow-cookers is hatmana, insulating. The poskim debate as to whether it is enough for just the lid to be uncovered, or if part of the sides need to be exposed to avoid hatmana. R’ Shlomo Zalman Auerbach (Shulchan Shlomo, Shabbos 257:13) maintains that in order to avoid the issue of hatmana, one must line the pot with foil which should stick out a little so that it is noticeable. R’ Shmuel Wosner (Shevet Halevi 9:52), however, writes that as the pot is not covered on top, there is no issue of hatmana (See Rema OC 253:1; Taz OC 258:1; Shulchan Aruch Harav, Kuntres Acharon 257:3(. R’ Dovid Ribiat (The 39 Melochos, p633) writes that this was also the view of R’ Moshe Feinstein (See Igros Moshe OC 4:74).  
R' Yosef Shalom Elyashiv (quoted in Orchos Shabbos 2:n149) maintained that in order to avoid hatmana, one must raise the pot insert a little. Thus, some place some scrunched up foil underneath the pot, too.
In conclusion, one should ideally line their slow-cooker with a foil-blech, especially if one may want to return the pot to the flame.

Sunday 9 November 2014

Destroying Fruit Trees

Question: We have an apple tree in our garden that produces apples each year. Its roots are now causing damage to our house. Can we cut it down?
Answer: The Torah (Devarim 20:19) writes that when fighting against a city, one must be careful not to destroy any fruit trees.
Rambam (Melachim 6:8) writes that if the tree is causing any type of damage, one may destroy it.
While the Kaf Hachaim (YD 116:85) writes that one shouldn’t destroy a fruit tree to build an extension, most poskim allow one to (See Rosh, Bava Kama 91b; Aruch Hashulchan YD 116:13, Yabia Omer YD 5:12:3).
R’ Ovadia Yosef (Yabia Omer YD 5:12:5) writes that even when it is permitted to destroy the tree, it is best to sell the tree to a non-Jew first, and let them destroy it. R’ Shmuel Wosner (Shevet Halevi 5:95) writes similarly, though adds that one should also sell him the land on which the tree grows (See Teshuvos Vehanhagos 2:729).
While the Gemara (Pesachim 50b) writes that one who destroys fruit trees will not see a good sign all his life, the poskim (Aruch Hashulchan ibid; Yabia Omer ibid; Shevet Halevi 6:112) write that when one does so in a permissible manner, one does not need to be concerned.

Sunday 2 November 2014

Kissing Others in Shul

Question: I kissed my crying son in shul to placate him, though was told that I should not have. Yet, I have seen others kiss in shul. What are the parameters?

Answer: The Rema (OC 98:1) writes that fathers should not kiss their children in shul, as shul is a place where one should demonstrate their love to Hashem (Sefer Chassidim 255). R’ Avraham Yitzchak Kook (Orach Mishpat OC 22) writes that this prohibition applies to kissing other family members and friends, too.

The Ben Ish Chai (Vayikra 1:11) writes that while one should not kiss one’s young children in shul, the sefardi minhag of kissing the hand of a talmid chacham is commendable because it is done out of respect rather than personal affection. Likewise, one may kiss one’s father or Rabbi after being called up for an aliya where that is the accepted practice (See Kaf Hachaim OC 151:6; Ohr Letzion 2:45:55). R’ Ovadia Yosef (Yechave Daas 4:12) explains that showing them kavod is a form of honouring Hashem, just as one must stand for them, even in shul. However, one should not kiss any other relatives who one is not obligated to honour.

The Piskei Teshuvos (98:7) suggests that as this halacha is written in hilchos tefilla as opposed to hilchos bais hakenesses, this prohibition may only apply during davening. He quotes R’ Yisrael Avraham Alter Landau (Beis Yisrael OC 1:9) who notes that the Torah tells us that Moshe kissed Aharon on Har Sinai. He could only do so because the shechina was not present then.

Nonetheless, R’ Ovadia Yosef writes (Yabia Omer EH 3:10) that when making a chuppa in a shul, one must be careful not to embrace one’s relatives as kissing is always forbidden in shuls (See Rivevos Ephraim 2:66).

The Piskei Teshuvos (98:n69) writes that one would be allowed to kiss one’s child if they are crying, however, as this serves to calm them, rather than show affection.

In conclusion, one should not kiss one’s children in shul even after davening. One may do so to stop them crying if necessary.

Sunday 26 October 2014

Dispose of Sechach, Lulav & Esrog

Question: How should I dispose of my old sechach, lulav and esrog?

Answer: The Gemara (Megilla 26b) teaches that items that are inherently holy, such as old tefillin, mezuzos and sefer torah and tefillin covers must be treated as sheimos and buried. However, items that were used for a mitzva such as a sukka, lulav, shofar or tzitzis may be discarded after use. Nonetheless, the Rema (OC 21:6) writes that such items must not be treated in a disrespectful manner. Therefore, one should not throw one’s arba minim and sechach into a regular bin after Sukkos.

The Mishna Berura (21:6; 638:24; Shaar Hatziyun 664:20) writes that one should be careful not to leave one’s sechach or arba minim around on the floor after Sukkos where others may trample on them. Rather, one should recycle them with other branches, etc. or wrap them before disposing of them. Ideally, one should even treat the sukkah walls respectfully. Likewise, the Aruch Hashulchan (OC 638:12) writes that one should be particular not to abuse one’s sechach after Sukkos.

The Gemara (Shabbos 117b) teaches that once one has used an item once for a mitzva, one should use it again for another mitzva. Therefore, the Shulchan Aruch (OC 297:4) writes that it is ideal to use one’s old hadassim for besamim (in havdala). Many Sefardim follow the Kaf Hachaim (OC 664:60) who writes that the esrog should be made into jam and eaten on Tu Bishvat. One should keep one’s lulav at home (as ‘protection’) until erev Pesach, whereupon they burn half with the chametz (see Mishna Berura 445:7) and use the other half to bake matza (see Rema OC 664:9).

While some throw their used hoshanos on top of the aron hakodesh for Kabbalistic reasons, R’ Ephraim Greenblatt (Rivevos Ephraim 8:287) writes that doing so is considered to be a bizayon, a disgrace to the mitzva. He relates that the Steipler Gaon was meticulous to take his home after use to burn with his chametz. Likewise, R’ Yechiel Michel Gold (Darkei Chaim Veshalom 693) relates that the Munkatcher Rav decried this practice (see Nitei Gavriel Sukkos 79:7). One certainly must not do so in a Shul where this is not practised.

In conclusion, one must not throw one’s sechach or lulav and esrog straight into a bin. Ideally, one should use them for another mitzva. Otherwise, one must wrap them before disposing of them.

Wednesday 15 October 2014

Gas Flame on Yom Tov

Question: May one adjust the flame on a gas stove on Yom Tov?
Answer: While one mustn’t ignite a new flame on Yom Tov (Shulchan Aruch OC 502:1), one is allowed to light a new flame from an existing one or turn a flame up. This only applies to a gas flame - not to an electric stove - and may only be done for cooking purposes, etc.
R’ Moshe Feinstein (Igros Moshe OC 1:93; 1:115; 4:103) writes that one may turn the flame down to prevent food from burning though shouldn’t do so just to save money or to cool the kitchen down, etc. R’ Avrohom Blumenkrantz (Chasdei Avrohom 31) explains the rationale behind this. While one can’t turn down a wick or remove oil from a lit lamp on Yom Tov, turning down a gas flame is akin to not adding more fuel to a fire.
R’ Yehoshua Neuwirth (Shemiras Shabbos Kehilchasa 13:10) writes that one shouldn’t turn the flame down unless there is no other flame, though R’ Moshe allowed one to do so even if one could light another smaller flame. The Shearim Metzuyanim Behalacha (98:13) writes that as it is dangerous to leave an extra flame on, there is no need to do so.

Tuesday 7 October 2014

The Smell of an Esrog

Question: I asked my Rabbi what beracha I should say upon smelling my esrog and hadassim but he said that one does not say the berachos throughout Sukkos. Why is this?

Answer: The Gemara (Sukkah 37b) teaches that one may not smell the hadassim on Sukkos as it is designated for a mitzva (see Rashi). Hadassim are primarily used for fragrance and so are muktza to smell. Esrogim, primarily used for food, are muktza to eat. This applies throughout Sukkos, even on chol hamoed.

Rambam (Shofar Sukka Velulav 7:26) writes that while one may not eat the esrog over Sukkos, one may smell it.

However, the Tur writes that there is a machlokes as to whether one recites the beracha upon smelling the esrog, too. Therefore, the Shulchan Aruch (OC 653:1) writes that one should avoid smelling the esrog while it is being used for a mitzva. The Kaf Hachaim (OC 653:5) explains that as there is a machlokes, one smelling it would either be making a beracha levatala or benefitting without a beracha by smelling it without reciting one. The Taz (OC 653:1) notes that there were people who would purposely smell the esrog when shaking, and quoting the Semak, writes that this is a minhag shtus (a ridiculous practice).

If one has hadassim or an esrog that one is not using for a mitzva (e.g., it is not Kosher, or following Sukkos), one may recite a beracha on its fragrance. The Shulchan Aruch (OC 216:2) writes that before smelling hadassim one says “..borei atzei besamim.” Before smelling an esrog one says “..asher nasan reiach tov bapeiros” (see Mishna Berura 216:9).

In conclusion, one should not say the berachos upon smelling their esrog and hadassim that they are using throughout Sukkos.

Thursday 2 October 2014

Kneeling on the Floor

Question: Why do some shuls give out paper before we bow to the floor on Rosh Hashana and Yom Kippur. Do we really need it?
Answer: There is a Torah prohibition to prostrate oneself on a stone floor (Vayikra 26:1). The Rishonim offer different reasons for this averah:
According to Rambam (Avodah Zarah 6:6), the Torah forbids this simply because that is how idolaters practice their Avodah Zarah. The Sefer Hachinuch (349) adds that while we don’t suspect one who’s bowing to have such intentions, nonetheless we are worried that others watching him do so may get the wrong impression.
The Kesef Mishna (in his pirush on that Rambam), however, explains that bowing on stone floor was restricted to the avoda in the Beis Hamikdash. As with other forms of avoda, it may not be performed elsewhere (See Megilla 22b).
Although mideoraisa it is only forbidden to prostrate with one’s hands and feet stretched out on a stone floor, the Rabbis extended this prohibition to include prostration without outstretched limbs and full prostration on a non-stone floor (Rema OC 131:8). While some are particular not to kneel at all, the Mishna Berura (131:40) writes that one may kneel even on a stone floor.
Thus Rambam (6:7) writes that the custom is to place a mat between one’s head and the floor while bowing in Shul. The Mishna Berura (621:14) writes that if necessary one can use one’s Tallis. While some Shuls give out paper to place under one’s knees, it seems that this was initially done to prevent one from dirtying one’s clothes.
In conclusion, if the floor is wooden or carpeted, there is no need to place anything down. Only if the shul floor is stone should one place something between one's head and the floor.
May we be zoche to prostrate ourselves properly along with the Kohen Gadol, speedily in our days.

Havdala on Motzaei Yom Kippur Shabbos

The Shulchan Aruch (OC 624:3) writes that one does not use besamim for havdala following Yom Kippur even when Yom Kippur falls on a Shabbos. The Mishna Berura (624:5) explains that we usually smell besamim to console us over the loss of our neshama yeseira, extra soul, that departed at the conclusion of Shabbos. As we are fasting on Yom Kippur, we don’t have this neshama yeseira and so don’t need the besamim.
The Mishna Berura (297:2) points out, however, that if one were fasting on another Shabbos, one would still use besamim.
The Magen Avraham (OC 624:1) and Taz (OC 624:2) disagree writing that as one benefits from the pleasant aroma, it can’t be considered a bracha l’vatala. Similarly, other poskim write that there is always a neshama yeseira present on Shabbos and so one should use besamim (See Aruch Hashulchan OC 624:1).
The Kaf Hachaim (OC 624:9) suggests that one should rather recite the bracha of besamim after havdala.

We light a candle in havdala following Shabbos to commemorate its creation and discovery by Adam (Pesachim 54a). We light a candle after Yom Kippur, however, to demonstrate that the light which was forbidden on Yom Kippur may now be lit (Mishna Berura 624:7).
To highlight this point, rather than create a new flame, one should use a light that had remained lit throughout Yom Kippur. One may light another candle from this one and hold them together for havdala.
The Magen Avraham (OC 624:7) writes that this applies, too, when Yom Kippur falls on Shabbos.
R’ Moshe Feinstein (Igros Moshe 4:122) writes that if one doesn’t have an existing flame following Yom Kippur, one should do so without reciting the bracha. When Yom Kippur falls on Shabbos, however, one may recite the bracha even on a new flame (Yalkut Yosef, Moadim p116).

Tuesday 23 September 2014

Tashlich

The minhag of tashlich dates back to at least the 14th century. The Maharil (Minhagei Rosh Hashanah 9) writes about going to rivers that contain fish in order to throw our sins into the depths of the sea (Micha 7:19). The Rema (OC 583:2) records this minhag.
The basic text is the final 3 Pesukim of Micha (7:18-20) which parallel the Thirteen Midos, Divine Attributes of Hashem. Many add more tefillos, composed primarily by the Chida.
While not all observe this minhag, R’ Ovadia Yosef (Yechave Daas 1:54) writes that this is the minhag of Sefardim too, following the Arizal.
Different reasons have been offered for this minhag:
The Maharil refers to the famous Midrash (Yalkut Shimoni, Bereishis 99). The satan tried various tactics to dissuade Avraham from carrying out the akedah including creating a river. This explains why it took them 3 days to reach Har Hamoriah. The water of tashlich serves to remind us of Avraham’s self-sacrifice (See Gra in his notes to the Rema OC 583:2).
In keeping with the various symbolic foods eaten on Rosh Hashana eve, the Rema (Darkei Moshe OC 583) writes that we should proliferate like fish that are immune to ayin hora (See Mishna Berura 583:8). Elsewhere (Torah Haolah 3:56), the Rema suggests another reason. One going to the river bank or shore observes Hashem’s majestic creation and is reminded of the world completed by Hashem on Rosh Hashana. Doing so will cause them to do teshuva and Hashem will forgive them, throwing their sins into the depths of the sea.
The Levush (OC 596) writes that tashlich should make us think of fish caught in a net as on Rosh Hashana our lives hang in the balance. This image should stir us to do teshuva.
The Elyah Rabbah (OC 596) suggests that as fish never close their eyes, tashlich symbolizes that Hashem is always looking out for us.
While many of the reasons offered are connected to fish, the Magen Avraham (OC 583:5) writes that if necessary one may say tashlich at a river or stream that doesn’t contain fish.
The Maharil points out that it is forbidden to feed the fish (other than one’s own) on Yom Tov. Even carrying bread to feed them (outside of an Eruv) would be forbidden on Yom Tov. Rather, one should shake out their pockets as a symbolic act of throwing away one’s sins (Mateh Ephraim 598:4).

Whatever the reason, this time honoured minhag should serve to inspire us to do true teshuva. May we be forgiven and have our sins thrown into the depths of the sea.

Sunday 21 September 2014

Cream on Shabbos

Question: Can I apply creams on Shabbos?
Answer: The Gemara (Shabbos 146) writes that it is forbidden miderabanan to spread oil, as it is similar to the act of memarayach, which is forbidden mideoraisa (See Rambam, Shabbos 23:11). R’ Ribiat (The 39 Melochos p919) writes that this applies to hand creams such as Nivea and Vaseline, etc. One may, however, use a liquid hand lotion (which can be poured).
R’ Dr. Avraham Avraham writes (Nishmat Avraham 1 OC 328:22b) that both R’ Shlomo Zalman Auerbach (quoted in Shemiras Shabbos Kehilchasa 33:n58) and R’ Eliezer Waldenberg (Tzitz Eliezer 7:30:2) held that while spreading an ointment evenly on one’s skin is forbidden mideoraisa, this is only if it remains on the surface. One may, however, rub cream into the skin if it gets properly absorbed (See Daas Torah 328:26; Minchas Yitzchak 7:20).
As one shouldn’t take medicine on Shabbos, this doesn’t apply to medicinal creams, though a bedridden patient (choleh shein bo sakanah) may rub such cream in. The same applies to young children.
For creams that are not absorbed, one may press cream (from the back of a spoon, etc.) providing one does not rub the cream in. One is allowed to rub off excess ointments.

Tuesday 16 September 2014

A Key Issue

The Mishna Berura (Sha’ar Hatziyun 301:38) discusses going outside on Shabbos (where there’s no Eruv) while wearing a key that’s been made into a piece of jewelry. If the reason one is wearing it is to be able to use it as a key, (rather than jewelry) then it would be considered ‘carrying’. The Shulchan Aruch (OC 301:11) and Aruch Hashulchan (301:60) bring two opinions about wearing a key that is made out of silver, that serves both as a pin (brooch) and a key. According to some, it is permitted as it is a tachshit, ornament, while others forbid it as it will mislead others into thinking they can ‘wear’ their regular keys. (See Mishna Berura 301:42 and Be'er Moshe 3:65).
Other solutions for carrying a key include turning the key into a tie pin or wearing a Shabbos belt. One must ensure that when doing so, the key serves a practical purpose (unless it was silver, as above). One can’t wear the tie pin under his jumper, for example, as it would be serving no practical purpose. Likewise, one should ensure that when using such a belt, the key serves as an integral link in the belt, rather than just hang off it. If one is already wearing a belt, one can’t simply place another Shabbos belt on top or around his waist. Some use it to keep their jacket closed instead of doing up the buttons or some other practical purpose.
The Shemiras Shabbos Kehilchasa (18:49) writes that if the front door opens onto the street, one must open the door while still ’wearing the key’. R’ Yitzchak Yaakov Weiss held that if the keyhole doesn’t go all the way through to the other side of the door, one hasn’t placed the key into a Reshus Hayachid. Providing the other side (inside) of the keyhole is covered, one may remove one’s Shabbos belt and open the door.

Sunday 14 September 2014

Medicine on Shabbos

Question: May I take Paracetamol for a headache on Shabbos?
Answer: The Mishna (Shabbos 14:3) writes that one can’t take medicine on Shabbos. The Gemara (Shabbos 53b) explains that Chazal prohibited us to take medicine on Shabbos as doing so may lead to do such melachos as tochen, grinding. (See Tzitz Eliezer 8:15:15:4 for why this reason is still relevant).
The Mishna Berura (328:1) writes that one who is bedridden, however, or whose pain in so severe that it prevents them from functioning properly (choleh shein bo sakanah) may take painkillers (See Minchas Yitzchak 3:35:2).
R’ Yehoshua Neuwirth (Shemiras Shabbos Kehilchasa 34:16) writes that if one suspects that their mild headache will develop into a more severe one and they will be bedridden one may take painkillers rather than wait till one is in such a state.
Nonetheless, R’ Ovadia Yosef (Yalkut Yosef 4 p408) writes that Paracetamol relieves pain rather than heals. Thus one who regularly takes pills may take painkillers to relieve pain on Shabbos.

Sunday 24 August 2014

Beracha on New Car

Question: I just bought a new car. Should I say shehecheyanu? Does it matter that it is second hand?
Answer: The Mishna (Berachos 9:2) teaches that one recites a beracha upon hearing good news, building a new house or buying new items. According to the Gemara (Berachos 59b) one recites hatov vehametiv when others benefit from the good news or new items; otherwise, one says shehecheyanu (See Shulchan Aruch OC 222:1; 223:3, 5).
The Shulchan Aruch (OC 223:6) and Mishna Berura (223:13) explain that this only applies to items that are important and one is particularly happy about acquiring. The Shulchan Aruch (OC 223:3) writes that this applies equally to used items.
The Magen Avraham (223:5) notes that many people are not particular about this practice and the Shulchan Aruch Harav (Birchos Hanehenin 12:5) and Kaf Hachaim (OC 223:20) write that one only needs to recite shehecheyanu when buying new clothes. Nonetheless, R’ Moshe Feinstein (Igros Moshe OC 3:80) writes that one should recite shehecheyanu when buying a new car for oneself. When buying a family car, however, one should recite hatov vehametiv (See Rivevos Ephraim 1:375).
R’ Chaim Falagi (Lev Chaim 3:52) held that one buying something on finance does not recite a beracha as their simcha is diminished somewhat. R’ Eliezer Waldenberg (Tzitz Eliezer 12:19) however, disagrees, arguing that one even recites shehecheyanu when one is left a significant inheritance when one’s relative dies.
If the car needs servicing, one should wait until any repairs have been done before saying the beracha (See Mishna Berura 223:17).
In conclusion, one should say a beracha on buying a new car, regardless of whether it was used or bought on finance. If they were buying it for themselves, they should say shehecheyanu. If they were buying a family car, they should say hatov vehametiv.

Sunday 17 August 2014

Davening while Flying

Question: Previously when I have flown, I have been invited to join a minyan on the plane, though have always been uncomfortable about doing so. I am about to fly again. What should I do if asked to join a minyan?

Answer: The Shulchan Aruch (OC 95:1) writes that one must stand with their feet together when reciting the amida.

However, one who has to daven while riding a donkey, in a carriage or on a boat should do so while seated unless it is easy to stand (ibid. 94:4). The Mishna Berura (94:13) explains that it is easier to concentrate this way.

Thus, R’ Moshe Feinstein (Igros Moshe OC 4:20) writes that one can sit for the amida on an aeroplane, especially if one will be less distracted. R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 8:4) adds that as davening with a minyan during a flight will bother other passengers, one should rather daven the amida while seated.

The Aruch Hashulchan (OC 94:18) writes that one davening while sitting should still (keep their feet together and) bow in the appropriate places, standing in their seat to do so if possible.

Certainly, it is best to avoid davening while travelling if possible. The Mishna Berura (89:39; 42) writes that it is better to either daven before travelling or delay davening until one arrives, even though one will not be davening at the ideal time, though one must ensure that they do not miss the latest time to recite the shema or the amida.

In conclusion, one who needs to daven while on a plane can stand in their seat if they are not disturbing anyone else. One may sit throughout, though should stand to bow at the appropriate places if easy to do so. One must not join a minyan if it will be in the way of others.

Sunday 10 August 2014

Davening for the IDF on Shabbos

Question: As one isn’t supposed to recite prayers requesting things on Shabbos, should Shuls be reciting the tefilla for the tzahal (IDF)?
Answer: Rambam (Shabbos 30:12) writes that one mustn’t make personal requests on Shabbos. Thus, the Mishna Berura (584:1) writes that we don’t say avinu malkeinu when Yom Kippur falls on Shabbos (except for during neila).
The Shulchan Aruch (OC 288:9) writes that one may pray in emergency situations such as for a choleh (one who’s sick) in critical danger.
The Magen Avraham (OC 288:14) questions the common practice of the gabbai reciting a mi sheberach for cholim who aren’t critically ill. It has, however, become accepted practice to do so, though one should add the words Shabbos he melizok.. The Machtzis Hashekel explains that these words serve to remind us not to be too upset and reassure the choleh that Shabbos itself can aid their recovery. Nonetheless, the Aruch Hashulchan (OC 287:2) writes that if he had the power he’d abolish this mi sheberach on Shabbos (except for those who are critically ill). Elsewhere, (OC 417:9) he questions the practice of saying yehi ratzon on Shabbos Mevorchim (as it is full of requests), again saying that if he’d have the power, he’d annul it. Indeed, the minhag Chabad is not to say it.
Another exception is when such requests are part of the regular tefilla. Thus, the Tur (OC 188) and Mishna Berura (188:9) write that we can say the requests in bentsching. R’ Chaim Berlin (Nishmas Chaim 23) justifies the tefillos for the community (rather than for the individual) that are said as part of the davening.
Many hold that the tefillos composed by the Chief Rabbinate such as the tefillos for the State of Israel and the tzahal fit into this category.
It would seem that even those that do not usually recite the tefillos for Israel on Shabbos (dues to their views on Zionism or based on poskim that we can no longer add to our tefillos) may and should do so now, as Israel and its soldiers are unfortunately in critical danger.

Sunday 3 August 2014

Havdala During the Nine Days

Question: What should I use for havdala during the nine days?
Answer: While one may not drink wine during the nine days unless it is within a seudas mitzva, the Shulchan Aruch (OC 551:10) writes that one may drink wine for havdala as it is no different from a seudas mitzva (Mishna Berura 551:67). Thus, common Sephardic practise is to drink the wine (Kaf Hachaim OC 551:152).
The Rema disagrees, saying that we should give it to a child when possible. The Mishna Berura (551:70) explains that this child should have reached the age of chinuch though not be old enough to understand what we’re mourning about (6-9 years old).
The Aruch Hashulchan (OC 551:26) writes that one should rather use beer. It is debatable, however, whether beer is still considered to be chamar medinah nowadays. The Mishna Berura (272:24) writes that this only applies where beer is commonly drunk; R’ Moshe Sternbuch (Teshuvos Vehanhagos 4:77) writes that coffee and tea are more suitable. R’ Yehoshua Neuwirth (Shemiras Shabbos Kehilchasa 2:60:4) allows one to use cider or fruit juice if necessary, providing that they are considered important drinks in that locale.
In conclusion, it would seem that those who make havdala on motzaei Pesach over beer should do so during the nine days. Otherwise they should make havdala on wine. If there is a child (preferably a boy between 6 and 9) available, they should be given the wine. Otherwise, one should just drink the wine oneself.

Sunday 27 July 2014

Siyum During the Nine Days

Question: Is it okay to plan a siyum for during the nine days so that I can eat meat together with my family and friends?

Answer: The Shulchan Aruch (OC 551:9) writes that one must not eat meat or drink wine during the nine days. The Rema (OC 551:10) adds that if one has a seudas mitzva during this time then one may partake of wine and meat as such celebrations are incomplete without them. This includes Shabbos meals, a bris seuda, a pidyon haben, or a siyum.

The Elya Rabba (551:26) and Mishna Berura (551:73) add that one must not change one’s pace of learning to ensure that they finish their learning during the nine days so as to make a siyum then. Additionally, one should only make a siyum then if they would have done so during a regular week, and only invite people who they would have otherwise invited.

Likewise, the Aruch Hashulchan (OC 551:28) strongly disapproved of postponing one’s siyum to coincide with the nine days in order to eat meat, though writes that if one was learning something (extra) and planning on making the siyum then, that is commendable.

R’ Ovadia Yosef (Yechave Daas 1:40) writes that while there are poskim that take a more lenient stance, one should not rely on this, and one must not either delay or rush one’s learning to make a siyum then.

The Mishna Berura (551:75) writes that anyone who would normally be invited to one’s siyum may participate and eat meat, too, though one should not invite extra people.

In conclusion, one should not specifically plan to finish one’s learning during the nine days in order so they can eat meat during the siyum.

Sunday 20 July 2014

God or G-d?

Question: I see that many people are particular to write ‘G-d’. Is there anything wrong with writing ‘God’ out fully?
Answer:  There is no issue in writing or printing Hashem’s name properly, providing one knows that it won’t be destroyed.
Rambam (Yesodei Hatorah 6:1) writes that there are 7 sheimos (names of Hashem) that mustn’t be erased. There is no issur in erasing a kinui (moniker) such as chanun or rachum, etc. R’ Akiva Eiger (YD 276:9 quoting the Tashbetz) writes that as translations of sheimos have the status of kinuim, there is no issur in erasing them either.
The Shach (YD 179:11) writes that Hashem’s name in a foreign language is not considered sheimos and thus may be erased. Likewise, the Mishna Berura (85:10) writes that the issur only applies to erasing sheimos in Hebrew (See Minchas Chinuch 437:5).
Nonetheless, the Aruch Hashulchan (CM 27:3) urges people to be extra particular when writing letters with sheimos even in a foreign language.
Thus, while it is not strictly forbidden to write or erase the word ‘God’, it is good practice to write ‘G-d’ and such writings must still be treated with respect. Thus, rather than thrown in the bin, a paper containing the word ‘God’ should be recycled with other documents, or wrapped before disposal (See Igros Moshe OC 4:39).

Sunday 13 July 2014

Pets on Shabbos

Question: We recently got a pet rabbit. Are we allowed to play with her on Shabbos?
Answer: The Shulchan Aruch (OC 308:39) writes that animals and birds are muktza and so must not be moved on Shabbos (See Shabbos 128b). Tosafos (Shabbos 45b) and the Mordechai (Shabbos 316) write that there is a view that as children can play with pets, they serve a practical use. Nonetheless, they write that animals are muktze, comparing them to figs and grapes which are in the process of drying. Likewise, the Maggid Mishna (Shabbos 25:25) explains that animals are considered to have no practical use on Shabbos (See Mishna Berura 308:146). The Shulchan Aruch Harav (OC 308:78) adds that this prohibition applies even to giving a pet bird to quieten a crying child (See Shemiras Shabbos Kehilchasa 27:n101).
R’ Ovadia Yosef (Yabia Omer OC 5:26) quotes other poskim who don’t consider animals to be muktze but writes that we follow the great rishonim such as the Rosh who disagrees. The Mishna Berura (324:28) cautions that when one feeds one’s animal on Shabbos, one must ensure that they don’t move it at the same time.
Nonetheless, the Mishna Berura (305:70) and R’ Ovadia Yosef write that if one’s animal is in distress one can move it if necessary. Thus, while R’ Moshe Feinstein (Igros Moshe OC 4:16) writes that fish and aquariums are muktze, R’ Yehoshua Neuwirth (Shemiras Shabbos Kehilchasa 27:28) allows one to return a fish that had jumped out of its aquarium.
In conclusion, one cannot play with or handle animals under normal circumstances on Shabbos.

Sunday 6 July 2014

Ideal Way to Make Kiddush

Question: I have always made kiddush over my wine, and then poured some out for others after drinking though have seen others pour out wine for others before kiddush. Which is correct?
Answer: The Shulchan Aruch (OC 271:14) writes that one fulfils their obligation of kiddush by listening to another person reciting it (and answering amen), though it is ideal for everyone to drink from the kiddush wine.
The Taz (OC 182:4; 190:1) writes that it is wrong to drink a little from the kiddush cup and then pour into other cups as the wine becomes pagum, unfit for kiddush after. Ideally, everyone should have wine poured out before kiddush. Thus, the Mishna Berura (Shaar Hatziyun 271:89) writes that one may recite kiddush, drink from their cup, and then pass it around to others. One should not pour out from it after drinking, however. If one did so, they could fix the pagum wine by pouring some fresh wine into the cups. One pouring out from their own cup must ensure that they are left with a revi’is in their cup (Mishna Berura 271:51). 
The Shulchan Aruch Harav (OC 190:5) adds that one shouldn’t pour wine out into other cups after reciting kiddush before drinking oneself, as doing so would be considered a bizayon, disgrace, to the mitzva (See Mishna Berura 296:4). Nonetheless, he maintains (OC 271:20) that there is no hefsek to pour out from one’s kos before drinking after bentching.
While R’ Yehoshua Neuwirth (Shemiras Shabbos Kehilchasa 48:11) writes that it is preferable for those listening to drink from the main kos, he writes (48:n69) that R’ Shlomo Zalman Auerbach disapproved, as the Shulchan Aruch (OC 170:16) writes that it is dangerous for two people to drink from the same cup. Nonetheless, many have the custom to pass around the kos to one’s family members.
Alternately, one can pour out wine into everyone’s cup before kiddush, though unless they have a revi’is, they must wait for the one reciting kiddush to begin drinking before they do (See Shemiras Shabbos Kehilchasa 48:n74).
In conclusion, one should either pour out wine for everybody before kiddush or pour out from their own cup into others before drinking, providing that they are left with a revi’is in their kos

Sunday 29 June 2014

Smoking and Kibbud Av

Question: What should I do when my father asks me to buy him cigarettes? Do I listen to him because of kibbud av or refuse because he’s damaging his health?
Answer: The consensus of contemporary poskim is that it absolutely forbidden to smoke (See Minchas Shlomo 2:58:6, Teshuvos Vehanhagos 4:115; Shevet Halevi 10:295).
Many poskim who initially took a more lenient stance, later forbade smoking explicitly. R’ Ovadia Yosef (Yabia Omer 5:OC 39) and R’ Eliezer Waldenberg (Tzitz Eliezer 1:20:3) initially took a more lenient stance, though later (Halichos Olam 1:p265 and Tzitz Eliezer 15:39) they both explicitly forbade it.
Many who smoke quote R’ Moshe Feinstein (Igros Moshe YD 2:49) who wrote (in 1964) that while one shouldn’t smoke, he couldn’t say that it was halachically forbidden. R’ Moshe himself took a stricter stance in his later Teshuvos (Igros Moshe CM 2:18; 76; See too Rivevos Ephraim 8:586).
R’ Moshe Stern (Be'er Moshe 1:60:10) answers your question. As smoking will damage his health, he is asking you to do something that runs contrary to the Torah. In such a case, you have to politely decline.

Sunday 22 June 2014

Removing Rings to Wash

Question:­ I am rather forgetful and often misplace things, so do not like removing my jewellery. Do I need to remove my rings before washing my hands for bread?
Answer: The Shulchan Aruch (OC 161:3) writes that one should remove one’s ring before washing their hands as it is a chatzitza (a barrier). The Rema explains that this is because people remove their rings when they’re doing manual work so as not to ruin or dirty their ring. He adds that this applies even if the ring is loose, and the water can get underneath.
The Mishna Berura (161:19) writes that as women usually remove their rings before baking, they are considered to be a chatzitza and must be removed. As men who wear rings are less likely to remove them, men may wash with rings even if they are on firmly. This doesn’t apply to a ring set with a precious stone, as men are more particular to remove them when working.
The Kaf Hachaim (OC 161:32) writes that one who has a gold ring with a precious stone and is worried that it may get lost or stolen if they remove it, may leave it on. They should, however, pour water on that hand first, move the ring a bit before pouring again.
R’ Ephraim Greenblatt (Rivevos Ephraim 1:127) writes that as fewer women bake nowadays it depends on the individual. One who removes their rings while working or showering, etc. must remove them, regardless. One who does not remove their rings while working and has difficulty removing them may wash with them on, though should ensure to pour at least a revi’is on each hand (see Shulchan Aruch OC 162:2).
In conclusion, it is preferable for all rings to be removed before washing netilas yadayim. One who rarely removes their ring or is worried about removing it, may leave it on if necessary, though they should wash with at least one revi’is on each hand.

Sunday 15 June 2014

Security Cameras on Shabbos

Question: I have just had a security system with cameras installed around my house. It is not motion detected, but rather runs 24/7. Is it a problem to use on Shabbos?
Answer: A few years ago there was a big discussion about whether it was permitted to go to the kosel on Shabbos as doing so entailed going through security and being filmed. The Yated reported that R’ Yosef Shalom Elyashiv prohibited visiting the kosel on Shabbos as he was concerned that the surveillance video was being permanently saved to disk. It isn’t clear that he prohibited the use of surveillance cameras, however. R’ Ovadia Yosef (Yabia Omer 9:35) allowed one to go as the cameras are running irrelevant as to whether anyone walks in front of them or not.
R’ Shmuel Wosner (Shevet Halevi 10:60) wrote that one may visit someone in hospital even if that means passing by a security camera, though one should avoid it if possible. It would follow that he doesn’t allow residents to operate surveillance cameras on Shabbos.
Other Poskim are more lenient as such filming cannot be considered permanent writing. R’ Yitzchok Halperin (Yeshurun 11) writes that such cameras aren’t even forbidden miderabanan.
R’ Moshe Feinstein (in a letter to R’ Yisroel Rozen of the Tzomet Institute) wrote that as the data is not being permanently recorded, it is at worst a derabanan. Although the cameras operate for security purposes, the passerby does not benefit from being photographed. One only benefits from the system when there’s an unwelcome intruder. Thus, R' Ephraim Greenblatt (Rivevos Ephraim 3:247) writes that one may walk in front of a camera on Shabbos as this is a case of pesik reisha delo nicha lei (see Shulchan Aruch OC 320:18) which is permitted in a rabbinic prohibition. Likewise, one may operate a surveillance camera. R’ Shlomo Zalman Auerbach (quoted in Ateres Shlomo 6, p57) concurs. 

Sunday 8 June 2014

Torah On Display

The Magen Avraham (OC 134:3) writes that the one honoured with hagbah should open up the Sefer Torah enough to display three columns, though the Mishna Berura (134:8) writes that one capable of safely opening it more should do so. The seam connecting the pages should be in the middle (See Shulchan Aruch OC 147:3; Aruch HaShulchan 147:13). When doing hagbah, one should turn clockwise, slowly enough that people can see the letters (Mishna Berura 134:9).
The Shulchan Aruch (OC 134:2) and Rema (Darchei Moshe 147:4) write that when the Torah is lifted, there is a mitzva for everyone to look at it, bow down, and say Vezos habracha..
R’ Tzvi Pesach Frank (Har Tzvi OC:64) writes that he is puzzled as to why people aren’t particular about this halacha, especially as we mention bowing when we take the Sefer Torah out (דסגידנא קמיה in Berich Shemei)!
While many people point with their pinky during hagbah, this is not the ashkenazi custom (See Rivevos Ephraim 5:215).
According to the Gemara (Megilla 32a), the honour of gelilah is equal to all of the other honours. (See Shulchan Aruch OC 147:1). The Mishna Berura (147:5) writes that this applies to the way we do hagbah today, and notes that it is no longer treated this way. The Aruch Hashulchan (OC 147:9) questions the practice of many gabboim who will give gelilah to a young boy. One theory behind this is that the Torah used to be lifted before leining (as is practiced in many sefardic and chassidic communities). Now that gelilah is the last honour, it no longer receives the same prestige.
Ramban (Devarim 27:26) writes very strongly about the importance of performing the mitzva of hagbah and gelilah properly. Let us take heed of his words.

Sunday 1 June 2014

Shabbos Zemiros

Question: I’ve always sung zemiros on Shabbos, pronouncing Hashem’s name properly, though often hear others who don’t. Is it better to say kel, Elokeinu and Hashem instead of the actual names?
Answer: The Gemara (Megilla 12b) records that Rava said, ‘On Shabbos, the Jews eat, drink and say Torah and praises’. Sefer Chasidim (271) writes that singing zemiros on Shabbos is a mitzva.
R’ Yaakov Emden (Siddur Bais Yaakov, Zemiros Leil Shabbos) writes that the words of the zemiros are all based on Tenach, Gemara and Midrash, etc. and singing them brings goodness to the world.
While there is a prohibition to say Hashem’s name in vain (Temura 3b) even in English (Mishna Berura 215:19), when giving respect to Hashem, however, it is permitted. Thus, saying Hashem’s name in zemiros would be permitted (Biur Halacha 188; Piskei Teshuvos 215:18).
R’ Chaim Volozhin (Orchos Chaim 94) writes that the Vilna Gaon did not sing Tzur Mishelo as it contains much of the same content as bentching. Thus, while most don’t follow this practice, some choose not to mention Hashem’s name. Like other Zemiros, however, Tzur Mishelo was composed in rhyme with Hashem’s name at the end of each stanza. Evidently, it was the composer’s intention that Hashem’s name is mentioned properly.
יבנה המקדש עיר ציון תמלא, ושם נשיר שיר חדש וברננה נעלה.

Sunday 25 May 2014

Visiting the Sick - By Phone / Email

Question: I find it difficult to visit my friend in hospital and so call and email her. Have I done the mitzva of bikur cholim?
Answer: Although the mitzvah to visit the sick, bikur cholim, isn’t written clearly in the Torah, the Behag (Asei 36) and Smak (47) classify it as one of the 613 mitzvos.
The Tur (YD 335) writes that this mitzva includes 3 components: to pray for them, see to their needs and give them encouragement. The Beis Yosef (YD 335) writes that the primary mitzvah is to pray for the patient. According to the Rema (YD 335:4) one who visits a patient without praying for them has not properly fulfilled their obligation.
R’ Moshe Feinstein (Igros Moshe YD 1:223) and R' Yitzchak Yaakov Weiss (Minchas Yitzchak 2:84) write that while one can’t fulfil every component of this mitzva by calling a patient, one who can’t visit them in person still performs a mitzva by calling. 
R’ Asher Weiss (Minchas Asher, Bereishis 20) disagrees. Chazal said that we must visit them, and not to try and fulfil our obligation in any other way. Calling or emailing a patient would certainly be a mitzva of chesed, however, and one who can’t visit in person, should use any other means to help them.
The Gemara (Nedarim 39b) writes that visiting the sick aids their recovery. Seemingly, this is something that can only be achieved in person.
יה"ר מלפני אבינו שבשמים שתשלח להם מהרה רפואה שלמה בתוך שאר חולי ישראל.

Friday 23 May 2014

Tearing Keriah at the Kosel

The Shulchan Aruch (OC 561:2) writes that when seeing ‘Yerushalayim in its destructive state’, one should say ‘Zion has become a desolate desert’ and tear keriah. Upon seeing the ruins of the Beis Hamikdash one should tear keriah (again) and say ‘Our house of holiness and glory in which our ancestors sang praise to You, and all that we hold precious has been destroyed.’
The Mishna Berura (and others) writes that Yerushalayim is only considered to be ‘in a destructive state’ when it’s under foreign rule. Thus, R’ Moshe Feinstein writes (Igros Moshe OC 4:70) that as Yerushalayim is under Jewish rule today, one need not tear keriah when seeing Yerushalayim. One does, however, upon seeing the Temple ruins.
While R’ Moshe Sternbuch writes (Teshuvos Vehanhagos 1:331) that one tears upon seeing the Dome of the Rock, others (Baer Heitev 561:5) write that it is ideal to view the Har Habayis itself. Ideally one should try to find a higher vantage point to accommodate all views.
As one doesn’t need to tear keriah if he has been within 30 days, some sell their shirt to a friend while others go to the Kotel on Shabbos or Friday afternoon (the ‘first time’) to avoid doing so. R’ Moshe Feinstein writes (Igros Moshe YD 3:52) that one still tears on Friday afternoon, however.
ולירושלים עירך ברחמים תשובובנה אותה בקרוב בימינו

Sunday 18 May 2014

Left Handed

Question: I am left handed. Other than placing Tefillin on my right arm, are there any other considerations that I should be aware of?
Answer: Which hand a left-handed person should use, depends on which reason a right-handed person is supposed to use their right hand: either because their right hand is more prominent, or because Kabbalistically, the right hand represents the force of Chessed.
The Mishna Berura (4:22) writes that when washing one’s hands, one washes one’s right hand first irrespective as to whether one is right or left-handed. Likewise, everyone should put their right sleeve, etc. in first when getting dressed (See Mishna Berura 2:4). Unlike right-handed people who tie their left shoes first, however, left-handed people should tie their right shoes first (corresponding to which arm they would tie their Tefillin on).
R’ Chaim Kanievsky (Ish Iteir n19) writes that when saying Shema, one should always use one’s right hand to cover one’s eyes.
The Mishna Berura (206:18) writes that a left-handed person should hold the food in their left hand when reciting a Bracha.
Many Sefardim follow the Shulchan Aruch (OC 651:3) who writes that a left-handed person should hold the Lulav in their right hand while most Ashkenazim follow the Rema who writes that one should use one’s left hand.
R’ Paysach Krohn (Yad Eliezer p25) writes that the consensus is that a left-handed person should blow the Shofar from his right side.

Sunday 11 May 2014

Food Under Beds

Question: I have always stored food under my bed and have just found out that one shouldn't place food there. Do I need to dispose of it?
Answer: The Gemara (Pesachim 112a) writes that one shouldn't store food under a bed, as a ruach ra’ah, evil spirit, will pass over it. While the Shulchan Aruch (YD 116:5) paskens this way, Rambam (Hilchos Rotzeach 12:5) gives a different reason as he holds that this evil spirit no longer exists (See Lechem Mishne, Hilchos Shevisas Asor 3:2).
R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 4:117) writes that one may place food at the bottom of a buggy, even if the baby is sleeping.
Medications are not considered food and may be stored under one’s bed (Halichos Shlomo, Tefilla 13:17; Tzitz Eliezer 17:35).
R’ Ovadia Yosef (Yabia Omer 1: YD 9) writes that as the Vilna Gaon and many others were stringent, if one did inadvertently place food under a bed, one should dispose of it. If the food was expensive, however, one may rely on the more lenient authorities. There are other factors, however, which would make the food permissible, including if the food was raw, if it was a child’s bed, or a carpeted / tiled floor (Yabia Omer 1: YD 10; Tzitz Eliezer 10:35).
Most people follow other Poskim (Aruch Hashulchan YD 116:11; Pischei Teshuvah YD 116:4; Rivevos Ephraim 1:8:1; 5:8) who take a more lenient approach, and allow such food to be consumed.
In conclusion, one must be careful not to store food under one's bed. If one inadvertently does so, one need not dispose of it.

Sunday 4 May 2014

Eating in a Non-Kosher Restaurant

Question: Am I allowed to meet people in a coffee shop if they are eating non-Kosher food and I am just having a coffee?
Answer: The Mishna (Shekalim 3:2) writes that the person who took the teruma from the shekalim in the Beis Hamikdash had to ensure that they were not wearing shoes or that their clothes had any pockets, etc. so that no one could falsely accuse them of stealing any money. While this prohibition is typically referred to as maris ayin, R’ Moshe Feinstein (Igros Moshe OC 2:40; 4:82) explains that there are, in fact, two separate prohibitions.
Maris ayin means that one should avoid doing something which will easily lead people to jump to the wrong conclusion that something else is permissible. Therefore, one should avoid going to daven in a shul that lacks a mechitza even if one is going to daven in a separate room, as others may think that it is permissible to daven in such a shul.
Chashad, on the other hand, is giving others the impression that one is performing an averah. This prohibition is more severe, and according to R’ Moshe, is assur mideoraisa. Sefer Chinuch (295) stresses that this prohibition is even more severe for prominent people such as Rabbis.
One eating in a non-Kosher restaurant could potentially transgress both chashad and maris ayin, though one is allowed to enter under extenuating circumstances. One doing so should go in an inconspicuous manner and ensure that no one outside recognises them without knowing why they are entering.
Although coffee shops sell non-Kosher food, one may eat there as we are not concerned that people will assume that they are eating non- Kosher food, nor that the non-Kosher food there is Kosher (See Igros Moshe OC 1:96).
In conclusion, one may have a coffee in a coffee shop that also sells non-Kosher food.

Sunday 27 April 2014

Eating Before Davening

Question: Is it okay to have a quick snack and drink before I daven Shacharis? Does the same apply to my wife and children?
Answer: The Gemara (Berachos 10a) writes that one mustn’t eat before davening as it is considered haughty to take care of one’s personal needs first. While most Poskim (Bais Yosef OC 89:3) hold that this prohibition is derabanan, the Minchas Chinuch (248:5) writes that it is mideoraisa and the Chayei Adam (16:1) writes that as the Gemara brings a Pasuk, it is akin to being mideorraisa. One isn’t even allowed to taste food (Shulchan Aruch OC 89:3).
The Shulchan Aruch allows one to drink water and the Mishna Berura (89:22) includes coffee and tea (if it will help his davening) though writes that one shouldn’t add sugar or milk. R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 2:2) and R’ Ovadia Yosef (Yabia Omer 4:11) however, allow milk and sugar, as these are no longer considered such luxuries (See Aruch Hashulchan 89:23).
The Shulchan Aruch (OC 89:4) writes that anyone who is too weak to daven before eating may eat first. The Mishna Berura (89:24) allows one to take any medication or vitamins before davening even if it can wait till later, though in Biur Halacha (89:3), he writes that one should ideally recite the Shema first (See Aruch Hashulchan OC 89:24). Some (including minhag Lubavitch) are more lenient, and allow all to eat if it will aid their davening.
The Mishna Berura (106:5) writes that while one is obligated to train one’s children, one mustn’t prevent them from eating before davening.
There is a machlokes between Rambam and Ramban as to the extent of women‘s obligation to daven. According to Ramban’s stricter opinion (Hasagos Lesefer Hamitzvos 5), women have the same obligation as men to daven Shacharis (See Mishna Berura 106:4). Nonetheless, many rely on Rambam that writes (Hilchos Tefilla 1:2) that a short tefilla such as Birchas Hatorah suffices.
Especially on Shabbos and Yom Tov when one should not fast past chatzos (Shulchan Aruch OC 288:1), it is advisable to have a drink before davening if one will not have kiddush before chatzos.

Friday 11 April 2014

Cars and Toiletries on Pesach

Question: Our cars use E10 petrol which contains ethanol, much of which is derived from wheat. Some of our toiletries contain wheat-based-ethanol, too. Does that mean we have to sell our cars and toiletries over Pesach?

Answer: The Shulchan Aruch (OC 442:9) writes that food that has been destroyed to the extent that it is no longer rauy l’achilas kelev (fit to be eaten by a dog) is no longer considered chametz, and one may own it over Pesach. The Mishna Berura (442:43) qualifies this ruling: while one may own it, one is still forbidden to eat this inedible ‘food’ miderabanan (See Rosh, Pesachim 2:1).

Defining what is rauy l’achilas kelev and eino rauy (unfit) is not so straight forward, however. Certain cleaning agents and cosmetics (including nail polish remover) contain denatured alcohol, ethanol that has been made unfit for human consumption by adding chemicals (denaturants) to it. It is possible, however, through adding various chemicals, to reverse the process (though other chemicals are added to make this difficult). Unless one can ascertain that the alcohol does not come from grain, this may be chametz. R’ Moshe Feinstein (Igros Moshe OC 3:62) therefore writes that one must not use any product containing denatured alcohol over Pesach (See Minchas Shlomo 1:17).

Nonetheless, R’ Ovadia Yosef (Yalkut Yosef 447:2) permits using products that contain denatured alcohol on Pesach. R’ Chaim Elazar Shapira (Minchas Elazar 5:34) writes that while people are particular, once alcohol has been denatured, it is not considered rauy l’achilah. Thus, one may drive a car (on Erev Yom Tov and Chol Hamoed) even if the petrol is mixed with denatured alcohol.

In conclusion, one may own a car on Pesach and fill it up with petrol on chol hamoed even though it may contain wheat. One does not need to sell their toiletries, though it is ideal to avoid using them over Pesach if they contain wheat.

Sunday 6 April 2014

Bedikas Chametz

Rashi (Pesachim 2a) and Ran (Pesachim 1a) maintain that bedikas chametz is deoraisa. Tosafos (Pesachim 2a) argues that it must be derabanan, as one can technically avoid owning chametz by being mevatel (nullifying) it.
The Bach and Magen Avraham (OC 431:1) write that one should begin one’s search after shekiah. Most follow the Mishna Berura (431:1), however, who writes that one should begin promptly at nacht. One should not learn or eat (a meal) for half an hour beforehand, as doing so may cause one to forget to search. While the Mishna Berura (431:8) brings reasons both for and against davening Maariv first, he maintains that ideally one should.
While one needs to search all of one’s cupboards, too (unless they are being sold), one can rely somewhat on them having been checked previously (Daas Torah 433:2; Shaar Hatziyun 432:12).
Many follow the Arizal’s minhag of having someone else hide ten pieces of chametz around the house before bedikas chametz. The Taz (OC 432:4) dismisses this custom and writes that one should not do so, out of fear that one may get lost. Nonetheless, the Mishna Berura (432:13) writes that one should not abandon this minhag, and in Shaar Hatziun (432:12) writes that when one has already checked the house for chametz, one must hide a few pieces in order to avoid making a bracha levatala. It also serves to encourage one to check properly around their house.
These pieces should be small (less than a kezayis), sealed in a plastic bag, and their locations recorded to avoid any being lost.

Sunday 30 March 2014

Buying Seforim with Maaser

Question: I have seen Seforim that are inscribed, ‘bought with maaser money’. Is it okay to do that?
Answer: Ideally one should give one’s maaser to the poor (Rema YD 249:1; Minchas Yitzchak 8:83). Today, this includes donations to Torah institutions which will help those who can’t otherwise afford a Torah education.
The Taz (YD 249:1) quotes R’ Menachem of Merseburg that allows one to use one’s maaser to buy Seforim if they cannot otherwise afford to buy them. One doing so must make them available for others to use and write in them that they were bought with maaser funds (See Chafetz Chaim, Ahavas Chesed 2:19:2). R’ Eliezer Waldenberg (Tzitz Eliezer 9:1:2) explains that one who borrows Seforim that they don’t have is considered poor. Such lending is akin to distributing spiritual food, and thus considered a form of Tzedaka.
Most contemporary Poskim hold that as nowadays Seforim are far more accessible, one should not rely on this leniency.
The Aruch Hashulchan (YD 249:10) asks what the difference is between using maaser money for Seforim and other Mitzvos (which is clearly forbidden). Furthermore, what is stopping others from demanding that these Seforim are kept in a Beis Hamedrash so that they are available for all? He thus advises one not to rely on this leniency.
R’ Shmuel Wosner (Shevet Halevi 7:194) writes that rather than using one’s maaser money to buy Seforim for oneself, one should buy them and donate them to a Shul or other Torah institution (See Chasam Sofer YD 245).