Menora in Flats

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 lights on a higher floor, it may be seen both by neighbours who live opposite, as well as those in one’s own flat (see Halichos Shlomo 14:5).

Similarly, R’ Yitzchak Yosef (Yalkut Yosef OC 671:20) writes that one who lives in a flat on a higher floor should light their menora in the window or in a glass box on their balcony.

In conclusion, one who lives in a flat should light in the window of their flat, even if it is over twenty amos up from the ground outside.

Communal Sefer Torah

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, but it has not replaced the classic manner of writing a sefer Torah. The Vilna Gaon (YD 270:4) writes that this is the accepted view.

R’ Moshe Feinstein (Igros Moshe YD 1:163) writes that while one can fulfil the mitzva in either manner according to the Rosh and Shulchan Aruch, the primary fulfilment is through writing a sefer Torah. One can fulfil one’s obligation by joining in with others to buy a sefer Torah.

R’ Ovadia Yosef (Yabia Omer YD 10:29) quotes various poskim who write that there is a machlokes as to whether one can join in with others to fulfil this mitzva, quoting various poskim on each side, though he concludes that one may.

In conclusion, one fulfils the mitzva of writing a sefer Torah by sponsoring part of a communal sefer Torah.

Fallen Tallis

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’ Akiva Eiger (OC 8:26) adds that one only needs to recite a new beracha if it fell off after davening. While one is davening, it is assumed that there was no hesech hadaas. Similarly, the Magen Avraham (25:21) quotes the Shelah who explains that we no longer recite a new beracha upon straightening tefillin as when davening one is considered to be occupied in the mitzva of tefillin (see Mishna Berura 25:44).

The Kaf Hachaim (OC 8:58) writes that due to the machlokes we follow the rule safek berachos lehakel, we are lenient with regards to berachos. Therefore, one does not repeat the beracha (see Pri Megadim, Mishbetzos Zahav OC 8:14). Likewise, R’ Shlomo Zalman Auerbach (Tefilla 3:14) maintains that one does not repeat the beracha unless it fell off after davening and one wants to keep wearing it.

In conclusion, if one’s tallis falls off during davening, one should replace it without repeating the beracha.