Dose of Halacha

Question: Last year on erev Shabbos Chanuka, we did not have a minyan in time to light the menora before Shabbos. In such a scenario does one still recite the berachos when lighting or not? Answer: The Shulchan Aruch (OC 671:7) writes that we light the menora in shul in order to publicise the miracle of Chanuka ( pirsumei nisa ). R’ Yaakov Emden (Mor Uketzia 671) writes that one always needs ten people for pirsumei nisa . Therefore, one should only recite a beracha when lighting the menora in shul if there is a minyan present. Doing so without a minyan could be a beracha levatala (a beracha in vain). The Magen Avraham (671:10) and Chayei Adam (2:154:17) write that one should not wait for a minyan to light before Shabbos. One can recite the berachos if one knows that there will be a minyan present later while the menora is alight. The Shaarei Teshuva (671:9) writes that this applies to any weekday, too. The Mishna Berura (671:47; Biur Halacha 671:7; Shaar Hatzio...

Question: Is it appropriate to ask a ten-year-old boy to light the menora in shul ? Answer: The Shulchan Aruch (OC 675:3) writes that there is a machlokes as to whether children can light the menora or not. The Rema writes that nowadays when everyone lights at home, children who have reached the age of chinuch should light, too. Nonetheless, the Mishna Berura (675:13) writes that a child cannot light on behalf of an adult. The Beis Yosef (OC 671:7) gives three reasons for why we light the menora in shul. First, the guests who did not have a place to light their own menora would fulfil their obligation with the shul’s lighting (see Levush OC 671:8). Additionally, he quotes the Kol Bo (44) who writes that lighting in such a public manner where one shows people how to say the berachos correctly, publicizes the miracles ( pirsumei nisa ) which creates a kiddush Hashem. Lastly, the Rivash (111) explains that as we no longer light the menora outside our front doors, we ensure...

Question: I learned that I am not supposed to perform melacha while the menora candles are burning. Does that mean I cannot fry latkes? Answer: The Gemara (Shabbos 23a) teaches that while lighting the menora is a time-bound mitzva which women are normally exempt from, they share the same obligation to light the menora as they were also involved in the miracle of Chanuka. The rishonim debate what miracle the Gemara is referring to. According to Rashi this refers to the abolition of the threat that brides were under, while according to the Ran (Shabbos 10a) it was the famous incident of Yochanan’s daughter, Yehudis, who killed the Chief General (see Rema OC 670:2). The Shulchan Aruch (OC 670:1) writes that women should not do any melacha while the menora lights are burning. The Taz (OC 670:2) compares Yehudis’ actions to the women who did not participate in the Golden Calf, for which they were rewarded with Rosh Chodesh. Accordingly, this restriction only applies to women....

Question: We live on the third floor in a block of flats. Where should we light our menora ? Answer: The Gemara (Shabbos 21b) teaches that one should light the menora outside the entrance to one’s home. However, one who lives in an attic should place their menora in the window facing the street. The Beis Yosef (OC 671:8) explains that if one placed the menora downstairs at the entrance to the house, it would not be clear that it belongs to those living in the attic. The Mishna Berura (671:38; Shaar HaTziyun 671:42) writes that those who live in houses nowadays should ideally light in a window facing the street. Only if the window is higher than twenty amos from the ground, is it preferable to place at the entrance to the house. However, the Pri Megadim (Mishbetzos Zahav OC 671:5) disagrees, arguing that as we light indoors, it does not matter if the window is twenty amos up from the ground outside. R' Shmuel Wosner (Shevet Halevi 4:65; 7:84) adds that even when one lig...

Question: Our shul has commissioned a new sefer Torah . Can I fulfil the mitzva to write a sefer Torah by sponsoring one parsha ? Answer: Rambam (Sefer Hamitzvos Asei 18; Sefer Torah 7:1) writes that there is a mitzva mideoraisa to write a sefer Torah . The Rosh (Sefer Torah 1) writes that nowadays when people learn from sefarim rather than from sifrei Torah , the mitzva applies to chumashim, mishna and gemara . The Tur (YD 270:2) and Shulchan Aruch (YD 270:2) both pasken this way, but there is a machlokes as to whether this replaces the mitzva of writing a sefer Torah or not. However, there is a machlokes as to how to understand the Rosh. The Prisha (YD 270:8) and Shach (YD 270:5) write that the mitzva no longer applies to writing sifrei Torah . As we no longer learn from them, it would be inappropriate for everyone to needlessly write one. Nonetheless, the Beis Yosef (YD 270:2) and the Taz (YD 270:4) write that writing other sefarim is one way to fulfil the mitzva , b...

Question: My tallis falls off sometimes, especially when I am putting on my tefillin . Do I need to recite the beracha again? Answer: The Beis Yosef (OC 8:17) writes that there is a machlokes among the rishonim as to whether one recites a new beracha upon replacing a fallen tallis . In the Shulchan Aruch (OC 8:15), he writes that one does recite a new beracha . The Machatzis Hashekel (OC 8:20) and R’ Sholom Mordechai Schwadron (Maharsham 4:148) suggest that if one was wearing a tallis katan , then one should not recite a second beracha as the first beracha would apply to one’s tallis katan, too . However, the Mishna Berura (8:39) writes that it makes no difference whether one is wearing a tallis katan or not. R’ Moshe Stern (Baer Moshe 6:9) quotes R’ Meir Arik (Imrei Yosher 2:9) who writes that if one feels their tallis fall off and intends to put it back on, one does not recite another beracha as there was never any hesech hadaas (distraction from the mitzva ). R’...

Question: Do I need to affix a mezuza to my garage? If so, do I recite the beracha ? Answer: The Gemara (Yuma 11a) teaches that there is a machlokes as to whether storehouses require a mezuza. Rambam (Tefillin, Mezuza Vesefer Torah 6:7) writes that storage houses containing wood and grain, etc. do not require a mezuza. Nonetheless, the Rosh (Mezuza 15), Tur (YD 286:1) and Shulchan Aruch (YD 286:2) writes that one is obligated to affix a mezuza to such rooms (with a beracha ). The Aruch Hashulchan (YD 286:8-9) questions why we recite a beracha , though notes that this is accepted practice. R’ Moshe Stern (Baer Moshe 2:82) writes that garages only require mezuzos if they are also used for storage. R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 10:96:2) and R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:647) write that one only says a beracha on a garage that is attached to the house, thereby serving as an entrance to the house. Nonetheless, R' Binyamin Zilber (Az Nidberu 3:58) write...

Question: I usually buy commercially baked bread with a hechsher from my local supermarket. Do I need to avoid eating such bread during the aseres yemei teshuva ? Answer: The Mishna (Avoda Zara 35b) teaches that we must not eat pas akum , bread baked by a non-Jew. The Gemara explains that Chazal instituted this in order to prevent assimilation with non-Jews. Tosafos writes that according to the Yerushalmi, the ban on bread was lifted, as it was too restrictive to limit such a staple food. The Shulchan Aruch (YD 112:2) writes that while one may never buy bread from a non-Jewish ‘home baker’, one may buy from a commercial baker ( pas palter ) when there is no local Jewish baker. Nonetheless, the Rema (ibid; Toras Chatas 75:1) writes that one may buy pas palter even when there is a local Jewish baker (see Kitzur Shulchan Aruch 38:1; Aruch Hashulchan YD 112:17). Thus, R’ Moshe Feinstein (Igros Moshe YD 2:33) writes that one may eat factory bagels if they prefer them to the local ...

Question: I usually grind my coffee by hand every morning. Am I allowed to do so on Yom Tov? Answer: The Shulchan Aruch (OC 495:2) writes that it is assur miderabanan to grind food on Yom Tov, though the Mishna Berura (504:1) notes that according to some poskim it is assur mideoraisa . The Shulchan Aruch (OC 504:1) writes that one may not use a commercial mill, as that is considered to be uvdin dechol , a mundane, weekday activity. However, one may grind spices on Yom Tov so as to have fresh spices. One may only grind salt with a shinui , as salt does not lose its freshness from one day to the next. Therefore, the Mishna Berura (504:9; Biur Halacha 504:1) writes that one must not grind coffee in a large mill, though one may use a small grinder. The Rema adds that one should use a shinui when grinding spices, too. Thus, the Mishna Berura (504:19) suggests that when grinding coffee, one could grind the beans straight onto a napkin rather than into a bowl. However, he stresses ...

Question: I live in Yerushalayim and I have not seen the sea in over thirty days. I am going to Netanya and will see the sea. What beracha should I say? Answer: The Mishna (Berachos 54a) teaches that upon seeing the ocean one recites the beracha, ..oseh maase bereishis . When one sees the ‘ yam hagadol’ , one should recite ..oseh hayam hagadol instead. The Shulchan Aruch (OC 228:1) writes that ‘ yam hagadol’ refers to the Mediterranean. The Mishna Berura (228:2) explains that the Mediterranean  is considered great due to its proximity to Eretz Yisrael. However, the Rosh (Teshuvos 4:4) writes that ‘ yam hagadol’ refers to the Atlantic Ocean. The Mishna Berura (ibid.; Shaar Hatziyun 262:2) quotes the Rosh, among other acharonim, and writes, therefore, that one says oseh hayam hagadol upon seeing the Atlantic Ocean (or Pacific Ocean, etc.). Nonetheless, t he Aruch Hashulchan (OC 228:4) and Kaf Hachaim (OC 228:5) write that due to the safek as to which sea is the yam ha...

Question:  Our family has just returned from a holiday abroad. Should each of us bench gomel individually, or can one person recite it on behalf of everyone? Answer: The Shulchan Aruch (OC 219:5) explains that if one person recites beracha of hagomel , others who hear it can fulfil their obligation through listening, even if they do not respond ‘ amen.’ However, this only applies if the person reciting the beracha intends to fulfil the obligation on behalf of those listening, and the listeners intend to fulfil their obligation in this way. The Shulchan Aruch Harav (OC 167:18) states that it is generally preferable for one person to recite the beracha on behalf of others, rather than everyone reciting it individually, in keeping with the principle of berov am hadras melech , that mitzvos are more glorified when performed with greater communal participation (Berachos 53a; Yoma 70a; Megilla 27b, et al.). However, when it comes to berachos before eating, it is customary for e...

Question: We daven in someone’s house on Friday night for a few weeks during the summer. There was a debate as to whether we should be saying magen avos or not. Should we be saying it? Answer: The Gemara (Shabbos 24b ) teaches that Chazal instituted saying the beracha of me’ein sheva ( magen avos ) on Friday night because of safety. Rashi explains that the shuls were typically not situated in residential areas. Saying this tefilla ensured that anyone who came late had time to catch up so that everybody could leave together. The Vilna Gaon (OC 268:13) adds that one who missed the amida could listen to the chazan say the beracha of me’ein sheva instead. Therefore, the Mordechai (Shabbos 284) and the Tur ( OC 268:8 quoting the Raavya) write that one praying at home should not recite this beracha . The Beis Yosef (OC 268: 8 quoting the Mordechai and the Ri) adds that one who does so has said a beracha levatala. The Rivash (40), Radbaz (1092) and Beis Yosef (OC 268:10) ex...

Question: I am a madrich (counsellor) over the Summer and have been asked to create stamps out of potatoes with the children. Is this allowed? Answer: The Torah (Devarim 20:19) prohibits soldiers in battle from destroying fruit trees. Rambam (Melachim 6:8) writes that this applies to destroying all fruit trees as well as blocking up essential water supplies. Rambam adds (6:10) that this prohibition al so a pplies to destroying kelim (containers, such as plates), tearing clothes, demolishing buildings and destroying food unnecessarily. The acharonim debate as to whether destroying these other things is prohibited mideoraisa or miderabanan (See Mishna Lamelech, Melachim 6:8; Torah Lishma 400; Yabia Omer YD 5:12). The Shulchan Aruch (OC 171:1) writes that one may use food for non-eating purposes providing that one is not doing so in an abhorrent manner. The Magen Avraham (171:1) explains that if one is utilising it for any practical use then this is considered to be appropriate...

Question:  I take regular medication and have managed successfully to fast on Yom Kippur by eating a small piece of cake and a shot of juice with my pills. What do I do on Tisha B’Av? Answer:  A  choleh she'ain bo sakana  is defined as one who is confined to bed as a result of their illness (See Shulchan Aruch and Rema OC 328:17). The Shulchan Aruch (OC 618:7) and Mishna Berura (618:18) explain how one in this category should eat  shiurim  (less than a kezayis in a short amount of time) on Yom Kippur. The Aruch Hashulchan (OC 554:7) writes that there is no concept of  shiurim  on Tisha B'Av. Likewise, the Mishna Berura (554:16) writes that Tisha B'Av is like any other Rabbinical fast whereby a  choleh she'ain bo sakana  should break their fast. However, in the Biur Halacha (554:6), he writes that if they can manage to eat in  shiurim  on Tisha B'Av they have not technically broken their fast. R' Avraham Avraham (Ni...

Question: I asked my rav about fasting on shiva asar betammuz and he told me that I should not fast. I then went and asked a second rav and he told me that I should. What should I have done? Answer: The Gemara (Avoda Zara 7a) teaches that after asking one Rabbi whether something is permissible, and being told that it is prohibited, one may not approach a second Rabbi to ask him if it is permissible. Elsewhere, the Gemara (Nidda 20b) teaches that one Rabbi may not give a different ruling to one who had previously asked another Rabbi. There are different reasons given for this prohibition. Rashi (Nidda 20b) explains that the second Rabbi must act respectfully towards the first Rabbi. Tosafos (Nidda 20b) adds the prohibition is specifically on the Rabbi. However, other poskim understand that the prohibition is primarily on the one asking. The Rosh (Avoda Zara 1:3) and Raavad (quoted by the Ran, Avoda Zara 7a) explains that when the first Rabbi paskens that an item is assur , i...

Question: After consultation with my Doctor and Rabbi, I will not be fasting on Tisha B'Av or the other Rabbinical fasts. As one of the few kohanim in my Shul , I often get an aliya. Can I receive an aliya ? Answer: The Shulchan Aruch (OC 566:6) writes that the practice is that one who is not fasting should not receive an aliya on Tisha B'Av. The Magen Avraham (566:8) argues that if the taanis falls on a Monday or Thursday, one may be called up during Shacharis, as there would have been leining that day, regardless. Nevertheless, the Mishna Berura (566:19) notes that other acharonim maintain that one who is not fasting should not receive an aliya even on Monday or Thursday. Following a personal incident when he had to eat, the Chasam Sofer (OC 157) writes that this halacha does not apply on Tisha B’Av. Just as one does not go looking for a kohen who has not eaten bread to lead the bentching, so too we are not obligated to honour a kohen who is not fasting with t...

Question: I find it very uncomfortable to wear wool tzitzis in the Summer. Can I wear cotton or polyester ones instead? Answer: The Gemara (Menachos 39b) cites a machlokes as to whether the obligation to attach tzitzis to a silk garment is mideoraisa or miderabanan. Rambam (Tzitzis 3:1, 2) and the Shulchan Aruch (OC 9:1) write that only wool and linen garments are obligated mideoraisa, while the Rema writes that all garments are obligated mideoraisa. The Levush (10:4) and Shulchan Aruch Harav (OC 10:7) explain that a non-woven garment is not considered to be a begged . While Ashkenazim generally follow the Rema, the Shulchan Aruch Harav (OC 9:4) and the Mishna Berura (9:5) write that it is best to wear wool tzitzis in order to fulfil the mitzva according to all opinions . R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 3:n25) adds that one fulfils the mitzva even if one is a little uncomfortable wearing them in the Summer (See Teshuvos Vehanhagos 1:18). R’ Moshe Fe...

Question: In the Summer, I typically daven Shacharis too late to recite the Shema before it is too late. Do I need to say all three paragraphs before Shacharis, or just the first line? Answer: The Mishna (Berachos 9b) teaches that there is a machlokes regarding the latest time to recite the Shema. The Gemara (Berachos 10b) clarifies that the halacha follows R’ Yehoshua, who states that it must be recited before the ‘third hour’. There is a machlokes between the Magen Avraham and the Vilna Gaon as to how to calculate this time (see Mishna Berura 58:4). The Gemara (Berachos 13a) further teaches that one is obligates to recite three paragraphs when reciting the Shema. However, there is a machlokes among the rishonim as to whether reciting all three is a chiyuv mideoraisa. Ramban ( Milchamos Hashem, Rosh Hashana 7a) and the Sefer Hachinuch (420) write that only the first passuk is mideoraisa , while Rashi (Berachos 20b) and the Yereim (13) maintain that the entire first paragr...

Question: When we take Shabbos in early during the summer, should we recite kerias shema before birkas hamazon on Friday night, or wait until after the meal? Answer : The Shulchan Aruch (OC 235:2) writes that one must not sit down for a meal within half an hour of tzeis hakochavim , nightfall. If one did so, they must stop to recite kerias shema , though one can wait to say the rest of maariv . The Mishna Berura (235:21) explains that one would only need to stop eating for mitzvos mideoraisa . As the berachos of Shema are miderabbanan , one can wait to recite them. Thus, the Rema (OC 489:4) writes that one who started the meal within half an hour of nacht must also interrupt to count the omer as there are rishonim who maintain that it is a mitzva mideoraisa even nowadays (See Mishna Berura 489:25). Rambam (Kerias Shema 2:6) writes that it is praiseworthy to recite the shema in the middle of their meal if one is concerned that it will be too late to recite it afterwards (Se...

Question: I accidentally took someone else’s umbrella in shul leaving mine behind. Could I have used it again to bring it back to shul the next morning? Answer: The Gemara (Bava Metzia 43b) teaches that there is a machlokes as to the status of one who borrows an item without prior permission. Elsewhere, the Gemara (Bava Basra 46a) teaches that one who took the wrong clothes from a craftsman in error may use them until they are exchanged with the rightful owners. However, one who took the wrong clothes home from a shiva house or chasuna may not use them. The Rema (CM 136:2) adds that one must return the items that one took to the rightful owner even if one does not receive their own items. However, the Aruch Hashulchan (CM 136:2) writes that the accepted practice in populated areas is that one who accidentally took someone else’s overshoes may use them in the meantime, until they are exchanged with the rightful owners. As this is the accepted practice, it is not considere...

Question: I sometimes daven in a shul hall where they have a big picture of their Rabbi on the back wall. Is this an issue? Answer: The Gemara (Berachos 5b) teaches that one must ensure that there should not be any chatzitza, barrier, between one davening and the wall. The Beis Yosef (OC 90:21) explains that this does not apply to furniture such as tables and benches, but to wall hangings and pictures that may distract one in their tefilla . Therefore, Rambam (Teshuvos 215) writes that this applies equally to paintings on the wall. One who finds themselves in front of a picture should close their eyes or look into their siddur while davening (See Shulchan Aruch OC 90:23; Mishna Berura 90:63). The Magen Avraham (90:37) adds that one may paint onto the wall that is high above one’s heads where it will not disturb anyone davening. The Aruch Hashulchan (OC 90:28) defines this as three amos. The Tur (YD 141:14) writes that one should be careful not to include pictures of animals...

Question: Our second son recently turned bar mitzva and so we now have a zimun . Is it necessary to bentch over a kos of wine each time? Answer: The Gemara (Pesachim 105b) teaches that one should bentch with a kos of wine. There is a machlokes among the rishonim as to when this applies. Tosafos (Pesachim 105b) quotes the Rashbam and Midrash (Shocher Tov 3:8) who maintain that even one eating alone must not bentch without wine. The Tur (OC 182) writes that we follow Tosafos and adds that one who does not have wine for bentching , should not wash for bread. The Hagahos Maimonios (Berachos 7:60) and Kol Bo (25) write that according to others, this only applies when one has a zimun of (at-least) three. Tosafos (ibid.) notes that this is the practice. Nonetheless, Rambam (Berachos 7:15), the Rif (Pesachim 105b) and the Rashba (Berachos 52a) write that this is not an obligation, regardless of how many people are bentching . The Shulchan Aruch (OC 182:1) records all of thes...

Question: I have been invited to a chasuna during the omer. Can I attend even if I am observing that 'half', and can I shave? Answer: The Shulchan Aruch (OC 493:1) writes that R’ Akiva’s students died during the omer (See Yevamos 62b). Therefore, we observe certain mourning practices during the omer , including no haircuts. There are different minhagim as to which ’half of the Sefira’ to observe. The Shulchan Aruch (OC 493:2) writes that one should observe from the beginning until after Lag B’Omer, while the Rema allows one to take a haircut on Lag B’Omer. Others observe the ‘second half’, from Rosh Chodesh Iyar until Shavuos (See Rema OC 493:3; Magen Avraham 493:5). The Mishna Berura (493:14; Biur Halacha 493:3) explains that while there are different reasons for each of these minhagim¸ regardless, everybody observes these mourning practices for thirty-three days. However, some avoid taking haircuts throughout the omer except on erev Shavuos (See Shaarei Teshuva 493...

Question: I arrived at Shul and realised that I had forgotten to make my eruv tavshilin. Should I have just relied on my Rav to have made eruv tavshilin on my behalf? Answer: The Shulchan Aruch (OC 527:7) writes that the Rav should make an eruv on behalf of anyone in his community who forgets or loses theirs. However, one cannot rely on this instead of choosing to make one. One who forgets two consecutive times is no longer considered accidental and it would not help to rely on this (Baer Heitev OC 527:6). If one arrived in shul and realized that they had forgotten to make an eruv before Yom Tov, they should go home if they can still make one before Yom Tov. Alternatively, one may call home and ask someone else (such as one’s wife) to do so on their behalf. The Tiferes Yisroel (Beitza 2:1) writes that one can designate food that they have at home, and omit the words behadein eruva, with this eruv . However, R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 7:36) writes that this...

Question: I have a fruit tree that has started blossoming. Do I need to wait until the month of Nissan to recite the beracha on blossom? Does it matter that I have already seen the blossom, or can I still recite the beracha ? Answer: The Gemara (Berachos 43b) teaches that one should recite a beracha on a tree when it blossoms in the month of Nissan. The Shulchan Aruch (OC 226:1) writes that this beracha can only be recited once a year. According to some poskim (Halachos Ketanos 2:28; Kaf Hachaim OC 226:1) the beracha should only be recited in the month of Nissan, though most poskim (Ritva, Rosh Hashana 11a; Mishna Berura 226:1; Aruch Hashulchan OC 226:1; Tzitz Eliezer 12:20:3) write that one should say it whenever when one first sees the blossom. R’ Ephraim Greenblatt (Rivevos Ephraim 5:173) writes that he witnessed R’ Moshe Feinstein say the beracha in Iyar. Thus, R’ Ovadia Yosef (Yabia Omer OC 8:8:4; Yechave Daas 1:1) writes that one should ideally wait until Nissan to reci...

Question: It is my father’s yahrzeit on Sunday, though there is another avel in my shul. Can I make a separate minyan on Motzaei Shabbos in my home? Answer: The Gemara (Berachos 6a) teaches that tefilla is best accepted when davening in shul. One who chooses not to daven in their local shul is considered to be a ‘bad neighbour’ (ibid. 8a). Rambam (Tefilla 8:1) and the Shulchan Aruch (OC 90:11) codify this Gemara as halacha , though the Magen Avraham (90:15) adds another reason. The Gemara (Berachos 53a; Yoma 70a; Megilla 27b, et al.) teaches that berov am hadras melech, it is preferable to perform mitzvos with a large presence. Therefore, even when one can daven with a minyan in their home, one should still go to shul . The Mishna Berura (90:38) adds that one should strive to daven in shul even if there is no minyan there. While one may not be considered a bad neighbour, nonetheless, a home minyan is not ideal as davening in a shul (See Shaarei Teshuva 90:4). R...

Question: Is it true that one should not tell others when they see a rainbow? Answer: The Gemara (Berachos 59a) teaches that one recites a beracha upon a seeing a rainbow, recalling the bris that Hashem made with Noach, and His assurance that the world would never undergo such a mabul again. The Shulchan Aruch (OC 229:1) writes that one should not stare at the rainbow (See Beis Yosef OC 229:1 where he quotes the Rosh). The Gemara (Chagiga 16a) teaches that looking at a rainbow is considered disrespectful to Hashem and that doing so can weaken one’s eyesight. The Pri Megadim (Eshel Avraham OC 229:2) asks why the Magen Avraham (229:2 and Baer Hetiv OC 229:2) quotes the Shela as saying this when this teaching can be found in the Gemara. Thus, the Mishna Berura (229:5) , Aruch Hashulchan (OC 229:2) and Kaf Hachaim (OC 229:5) stress that one should look briefly and then recite the beracha . The Chayei Adam (63:4) writ es that he once saw in a sefer that one who sees a rainbow should...

Question: Our son was born in Adar and he turns thirteen during a leap-year. I was always under the assumption that he turns Bar Mitzva in Adar Sheni , but we were told to observe a relative’s yartzheit in Adar Rishon . Are they not the same? Answer: There is a machlokes among the Rishonim as to whether ‘ Adar’ during a leap-year generally refers to Adar Rishon or Adar Sheni. Rambam (Nedarim 10:6) writes that ‘ Adar’ refers to Adar Sheni (See Kesef Mishna), while the Ran (Nedarim 63b) and Rosh (Nedarim 63a) write that it refers to Adar Rishon. The Mishna Berura (427:3) writes that for the sake of clarity the chazan should ideally announce ‘ Adar Rishon’ during mevarchim hachodesh. When one’s relative passes away during one of the Adar’s in a leap year, the yahrzeit is observed during that same month in a leap year; either Adar Rishon or Adar Sheni . However, when one’s relative passes away during Adar in a non-leap year, there is a machlokes as to which month t...

Question: I am always confused as to how exactly to do hagbah and so always refuse to do it if asked. Is there a particular way to open the Torah and turn? Answer: The Gemara (Megilla 32a) teaches that the honour of gelilah is equal to all of the other honours. The Shulchan Aruch (OC 147:1) adds that this honour is typically auctioned to the highest bidder. 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. Ramban (Devarim 27:26) writes very strongly about the importance of performing the mitzva of hagbah and gelilah properly. The Magen Avraham (134:3) quotes Maseches Sofrim (14:14) which writes that the Torah should be opened three columns and shown to everyone as there is a mitzva for everyone to see and bow towards it. The Kitzur Shulchan Aruch (23:25) and R’ Betzalel Stern ( Betzel Hachachma 5:54 ) write that it should specifically be opened three columns. T he Mishna Berura (134:8) writ...

Question: I forgot that it was Rosh Chodesh and so arrived late to shul. Should I have davened shacharis while the kehilla were davening mussaf , or davened mussaf with them and davened shacharis afterwards? Answer: The Shulchan Aruch (OC 286:1) writes that the correct time for mussaf is after shacharis . The Rema adds that if one davened mussaf before shacharis they have still fulfilled their obligation. The Gemara (Zevachim 90b) discusses which rule takes precedence, that of tadir, the more frequent of two objects takes precedence, or mekudash, the one of greater sanctity. R’ Yitzchak Elchanan Spector (Baer Yitzchak OC 20) argues that if one missed davening shacharis betzibur, they should at-least daven mussaf betzibur and daven shacharis later. While shacharis is an everyday occurrence, and therefore tadir, nonetheless, davening mussaf betzibur is considered mekudash , and so should be performed now, while one can do so with a minyan . While this applies t...