Dose of Halacha

Question: Does one need to take maaser from gifts? Answer: Tosafos (Taanis 9a) quotes the Sifri (Devarim 14:22), which states that the mitzva of maaser , tithing one’s crops, applies equally to other forms of income. Although this statement is not found in our editions of the Sifri, R’ Baruch Epstein (Torah Temima, Devarim 14:22) explains that this is one of many examples of statements from the Sifri that the rishonim saw but are now lost to us. The Shulchan Aruch (YD 249:1) extends this principle, instructing that one should give between ten and twenty percent of one’s earnings to help the poor. The Taz (YD 331:32) elaborates that this obligation applies equally to wedding gifts, even those received from one’s own parents (see Rabbeinu Yona, Sefer Hayira 213). While this applies to money gifts, R’ Shmuel Wosner (Shevet Halevi 5:133:7) writes that if one inherited property or if one’s parents contributed towards buying them a flat, one would not need to give maaser on these gi...

Question: When Tisha B’av falls on Shabbos and so is observed on Sunday, are the restrictions lifted earlier? Can I shower, shave and listen to music on Sunday night? Answer: The Gemara (Taanis 29a) writes that the Beis Hamikdash continued burning throughout the tenth of Av. Therefore, the Shulchan Aruch (OC 558:1) writes that one mustn’t eat meat or drink wine on the tenth either. The Rema, however, limits this until chatzos, noon, of the tenth of Av. The Mishna Berura (558:2) writes that this applies to the other restrictions of the nine days , too, including laundry, haircuts and bathing. The Rema (OC 558:1) writes that when Tisha B’av is observed on the tenth of Av due to Shabbos, however, one should still refrain from meat and wine until Monday morning. The Mishna Berura (558:4) notes that the other restrictions such as haircuts are permitted that night, though. Thus, the Shaarei Teshuva (558:4) writes that those who are accustomed to avoid haircuts that night are mistaken...

Question: I forgot that it was the nine days and I prepared some meaty food for myself. I only remembered once I had said the beracha. What should I have done? Answer: The Gemara (Taanis 26b) forbids eating meat and drinking wine at the seuda hamafsekes , though many rishonim record the minhag to abstain throughout this time period . Thus, the Shulchan Aruch (OC 551:9) writes that there are various minhagim as to exactly when this applies. Some just refrain throughout the week of Tisha B’av, others from Rosh Chodesh Av while others refrain throughout the entire three weeks. The Mishna Berura (551:58) writes that the ashkenazi minhag is to refrain from meat and wine during the nine days . The Aruch Hashulchan (OC 551:23) explains that this minhag serves to remind us of the korbanos that we can no longer offer up since the churban (See Tur OC 552:2; Biur Hagra OC 551:11). While it is a minhag, he notes that it is observed universally and so one who eats meat has broken a...

Question: Can my children continue their music lessons throughout the three weeks ? Answer: The Mishna Berura (551:16) writes that one mustn’t listen to music during the three weeks between Shiva Asar B’tammuz and Tisha B’av (See Minchas Yitzchak 1:111:4) . The Pri Megadim (Eshel Avraham 551:10) writes that musicians who are employed by non-Jews may play during this time. He compares it to working on chol hamoed, which while normally forbidden, is permitted for one who would otherwise lose substantially as a result ( davar ha’avud ). The Mishna Berura (Biur Halacha 551:2) explains that this only applies until Rosh Chodesh Av. One cannot, though, play music even for work purposes during the nine days (See Shearim Metzuyanim Behalacha 122:2). Other poskim are more lenient. R’ Eliezer Waldenberg ( Tzitz Eliezer 16:19) quotes t he Kaf Hachaim (OC 551:39) who allows employed musicians to continue playing up until Rosh Chodesh. He continues writing (ibid. 41) that one who does tea...

Question: I was once at a shul where someone said baruch sheptarani for his daughter’s bas mitzva . Should I say it for my daughter’s bas mitzva ? Answer: The Rema (OC 225:2) writes that when one’s son becomes bar mitzva , his father recites baruch sheptarani meonsho shel zeh, ( Blessed is He who exempted me from this one’s punishment ). The Magen Avraham (OC 225:5) and Mishna Berura (225:7) explain that as the father is obligated to educate his son, he is responsible for his son’s misdeeds, too. The son is responsible for himself upon turning bar mitzva . Thus, his father recites this beracha upon being released from this obligation. As the obligation to educate one’s sons in learning Torah does not apply equally to girls (Nazir 29a), the Pri Megadim ( Eishel Avraham 225:5) writes that this is one of the reasons why parents don’t say baruch sheptarani on their daughter’s bas mitzva. The Kaf Hachaim (OC 225:15) adds that as girls typically stay at home and are sup...