Dose of Halacha

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...

Question: I see some people point at the Sefer Torah during hagba but could not find this in halacha . Are we supposed to do it, and is there a particular finger to point with? Answer: The Shulchan Aruch (OC 134:2) writes that when the Torah is lifted, there is a mitzva for everyone to look at it, bow down, and say vezos hator ah .. The Rema (Darchei Moshe OC 147:4) notes that this was the practice of the Maharil. The Magen Giborim (Elef Hamagen 134:7) adds that it is a mitzva to bow towards the Sefer Torah . R’ Zvi Pesach Frank (Har Zvi OC 1:64) notes that in the tefilla of berich shemei that we say when taking the Torah out, we say ‘ desagidna kamei ’ meaning to bow down before the Torah. He questions why people are not particular about this halacha. He quotes the Shiltei Hagiborim (Kiddushin 14b) who writes that while it is important to stand for the Torah and those who learn it, we do not find anywhere in the Torah that people bowed to the aron hakodesh . Nonetheless,...