Dose of Halacha

Question: We own a caravan that we use a couple of times a year, while the rest of the time it remains parked in our driveway. Are we required to affix a mezuza to it? Answer: Rambam (Mezuza 6:9) and the Shulchan Aruch (YD 286:11) rule that a dwelling on a ship is exempt from a mezuza because it is not intended for permanent residence. R’ Shraga Feivish Schneebalg (Shraga Hameir 3:19) clarifies that caravans, which are generally not designed for long-term living, do not require a mezuza , even if someone resides in them year-round. R’ Mordechai Yaakov Breish (Chelkas Yaakov YD 147:45; 163) and R’ Moshe Stern (Baer Moshe 2:88) note that if a caravan is used as a permanent home, there is indeed an obligation to affix a mezuza with a beracha . However, if the caravan is primarily bought or rented for travel purposes, a mezuza should be affixed without a beracha . R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 2:82) discusses a scenario in which a caravan serves as a person’s pr...

Question: Occasionally, we forget to bring our tefillin to school and end up borrowing a friend’s. Some of us use Ashkenazi tefillin , others use Sefardi, and some use Chabad tefillin . Does it make a difference? Answer: The writing of a Sefer Torah follows three primary traditions: Ksav Ashkenazi , with sharp, distinct forms and prominent crowns; Ksav Sefardi , with rounded, flowing letters; and Ksav Ari , which blends rounded and sharp elements. While each shul generally has a sefer Torah written according to its mesora , R’ Ovadia Yosef (Yabia Omer YD 2:20; Yechave Daas 2:3) cites various Ashkenazi and Sefardi poskim who agree that one can read from any sefer torah regardless of one’s tradition. A further machlokes among the rishonim concerns the spacing at the start of the fourth paragraph in the tefillin. Rambam (Tefillin 8:2) holds that there should be a large space, with the paragraph beginning in the middle of the column ( pesucha , or ‘open’), while the Rosh (Sefer...

Question: We regularly have lunch together at work, where two of my colleagues eat bread while I usually bring a salad. Can we still make a zimmun ? Answer : The Gemara (Berachos 48a) teaches that, for a group of ten to recite the special zimmun of “ nevareich Elokeinu ,” a majority, must have eaten bread. Rambam (Berachos 5:8) and the Shulchan Aruch (OC 197:2) rule that when seven of ten participants eat bread, the remaining three may join even if they have only eaten other foods, forming a valid zimmun . A machlokes exists, however, regarding a zimmun of three: The Rif (Berachos 35b), Rambam, and Rashba (Berachos 48a) hold that all three participants should eat bread, while the Ri (Tosafos Berachos 48a), Rabbenu Yonah (35b), and Rosh (Berachos 7:21) allow one participant to join even if he ate other foods. Tosafos goes further, permitting a third who has only had a drink to participate, though the Kol Bo (25) requires a minimum of a kezayis of food (see Beis Yosef OC 197:2)...

Question: I am single and do not wear a tallis while davening . Do I need to recite a beracha when I wear one to daven from the amud or for an aliya ? Answer: The Aruch Hashulchan (OC 91:2) and Kaf Hachaim (OC 147:4) state that one who receives an a liya (or any other kibbud ) should wear a tallis out of respect for the tzibbur. The Magen Avraham (14:1) quotes the Rosh, who indicates that one who wears a tallis to lead the davening or to duchen should recite a beracha . The Mishna Berura (14:11; Biur Halacha 14:3) addresses a machlokes regarding whether one should recite a beracha when borrowing a tallis . This issue specifically concerns borrowing a friend’s tallis. However, one does recite a beracha when wearing a tallis that belongs to the shul, as the tallis is partly considered his. He therefore suggests that it is preferable to borrow a friend’s tallis to avoid the safek of reciting a beracha (see Har Zvi OC 17) . Nevertheless, the Kaf Hachaim (OC 14:14,...

Question: Is it important to put on one’s tallis before one’s tefillin ? Answer: The Beis Yosef (OC 25:1) rules that one should don the tallis before the tefillin, citing two reasons. Firstly, the mitzva of tzitzis is considered equal to all other mitzvos. Secondly, we follow the principle of ‘ tadir ve’sheino tadir, tadir kodam, the mitzva that is performed more frequently takes precedence.’ Since we wear a tallis every day, but not tefillin on Shabbos and Yom Tov, the tallis is put on first. The Shulchan Aruch (OC 25:1) provides a third reason, explaining that we follow the rule of ‘ maalin bekodesh, we increase in aspects of holiness’. The Bach (OC 25:1) adds that wearing tzitzis serves as a reminder to perform other mitzvos, including tefillin . The Levush (OC 25:1) explains simply that one is obligated to wear tzitzis upon waking, whereas tefillin can only be worn once one is fully dressed. The Beis Yosef and Shulchan Aruch write that if one picks up their tefil...

Question : Is it important to cover the tefillin shel yad with one's sleeve? Answer: The Gemara (Menachos 3b) teaches us, based on the Passuk (Shemos 13:9) “ vehoyu lecha leois (it shall be a sign for you),” that the tefillin shel yad should be placed on the upper arm, which is typically covered, as opposed to the hand which is usually exposed. The Rema (OC 27:11) writes that one does not need to be overly particular about covering the tefillin shel yad. However, the Shulchan Aruch Harav (OC 27:8) states that if one has a bandage on their arm and must wear their tefillin over it, they should cover their tefillin . The Elya Rabba (27:17) cites the Levush who asserts that the tefillin shel yad should be covered regardless. He questions why the Rema does not require this, especially since the Gemara implies its necessity. Thus, the Mishna Berura (27:47) notes a preference for covering. The Shaarei Teshuva (27:17) cites the Chida (Birkei Yosef OC 27:5), who writes that ther...

Question: I learned that one shouldn’t perform any action while reciting berachos, yet I see many people drying their hands while reciting al netilas yadayim . Is this permitted? Answer: The Gemara (Pesachim 7b) teaches that one should recite the beracha before performing a mitzva. Accordingly, the Shulchan Aruch (OC 158:11) states that one should recite ‘al netilas yadayim’ before washing one’s hands. One should first rub their hands to ensure that they are clean. However, the Rema writes that since the mitzva is not complete until the hands are dried, the beracha should be recited between washing and drying them. The Mishna Berura (158:41) notes that this is the accepted practice. The Rema also indicates that if one forgets to recite the beracha before drying their hands, it can still be said afterward. The Mishna Berura (158:44) explains that ‘al netilas yadayim’ is different from other berachos because it cannot be said earlier due to the potential uncleanliness of one’s ...

Question: When receiving an aliya, is it best to close the sefer Torah during the Berachos, or leave it open? Answer: The Gemara (Megilla 32a) discusses a machlokes about whether one who is called up to the Torah should leave the sefer Torah open or close it while reciting the berachos before their aliya . According to R’ Meir, the sefer Torah should be closed to avoid the misconception that the berachos are written in the Torah. R’ Yehuda, however, is not concerned about this potential misunderstanding. The Gemara concludes that the halacha follows R’ Yehuda. Consequently, Rambam (Tefilla 12:5) and the Shulchan Aruch (OC 139:4) rule that when called up, they should open the sefer Torah to see the section they will read from, leave it open while reciting the Berachos, and then proceed with the reading. Before reciting the berachos after their aliya , one should close the sefer Torah . The Taz (OC 139:4) and the Mishna Berura (139:17) explain that closing ...

Question: My son turns Bar Mitzva during the omer. Can he continue counting each night with a beracha ? Answer: The Shulchan Aruch (OC 489:8) writes that if one forgets to count the omer one day, they should resume counting without a beracha . The Minchas Chinuch raises the question of whether a boy who becomes bar mitzva during the omer should continue counting with a beracha, ultimately concluding that he should. Bottom of Form While his counting before his bar mitzva was only miderabanan due to chinuch , it still contributes to his new mitzva mideroaisa . According to t he Ben Ish Chai (Rav Berachos 2:5; Bereishis 2:14 ) it is preferable for a boy turning bar mitzva on Friday night to delay reciting kiddush until nacht. R’ Ovadia Yosef (Yabia Omer OC 3:27; 28) extends this principle even to mitzvos derabannan such as kiddush levana. If a boy approaching bar mitzva can delay performing the mitzva until he has become bar mitzva , he should do so. Moreover, any count...

Question: I am one of the only kohanim in my shul and regularly receive the first aliyah. Recently, I was asked to leave shul so that two people with yartzheit could receive an aliyah . Was this right? Answer: The Mishna (Gittin 59a) teaches that we give the first aliyah to the kohen because of darchei shalom , the ways of peace. Thus, the Shulchan Aruch (OC 135:3) writes that a kohen receives the first aliya . The Shulchan Aruch Harav (OC 201:3) writes that this is a mitzva mideoraisa of honouring the kohen . The Gemara (Gittin 59b) concludes that a kohen cannot concede this honour on Shabbos and Yom Tov when more people attend shul . Tosafos writes that this only applied in the times of the Gemara when people were too busy with work to attend shul during the week, but it now applies equally to Monday and Thursday, too. The Tur (OC 135:4) writes that there is a machlokes as to whether a kohen can ever forgo his honour of being called up first to the Torah. The Levush ...

Question: I have just returned home after a week in hospital where I underwent heart-surgery. My doctor said I should ask, should I bentch gomel now that I have recovered? Answer: The Tur (OC 219:8) writes that there is a machlokes among the rishonim as to how ill one must be in order to recite the beracha of hagomel. Thus, the Shulchan Aruch (OC 219:8) follows Rambam who writes that anyone who was bedridden should bentch gomel upon recovery. The Bach (119:4 quoted by the Magen Avraham 119:8) and Elya Rabba (119:3) write that we follow the Shulchan Aruch. The Kaf Hachaim (OC 219:8) and R’ Benzion Abba Shaul (Ohr Letzion 2:14:n44) write that this even applies to one who was bedridden and unable to move for a few hours. Nonetheless, the Rema follows the Raavad who writes that this only applies to a choleh who was dangerously ill and writes that this is the Ashkenazi practice. The Levush (OC 219:8) and Aruch Hashulchan (OC 219:11) concur. The Taz (OC 219:5) defines this as o...

Question: I see many people use a mirror to ensure that their tefillin shel rosh is placed exactly in the middle of one’s head. Is this necessary? Answer: The Shulchan Aruch (OC 27:10) writes that one must ensure to place one’s tefillin shel rosh in the middle of one’s head. The Mishna Berura (27:36) notes that one does not fulfil the mitzva according to some acharonim if one’s tefillin are not in the middle, adding that larger tefillin can be problematic. The Shulchan Aruch ( YD 156:2) writes that men should not look in a mirror unless they need to do so for medical reasons, etc. Nonetheless, the Rema writes that where it is common for men to do so, it poses no issue. Nonetheless, R’ Chaim Sanzer (Divrei Chaim OC 2:6) demonstrates that the tefillin do not need to be exactly in the middle and writes that using a mirror to position one’s tefillin is considered uncouth. R’ Menashe Klein (Mishne Halachos 5:8; 11:29-30) notes that the Brisker Rav was accustomed to using one...

Question: We asked a sofer to come to our house to check our mezuzos . He said that it would take him a couple of days until he could return them. Do we need to put up other mezuzos in the meantime? Answer: The Pri Megadim (Eshel Avraham OC 38:15) writes that one must not remain in a house without a mezuza . Thus, if a mezuza falls down on Shabbos or Yom Tov, one must vacate their home and move into another house if they have one. The Pischei Teshuva (YD 285:1) adds that this halacha applies equally to the weekday, and one may only stay in their home if they do not have another home to go to. Nonetheless, R’ Ephraim Greenblatt (Rivevos Ephraim 2:28:4; 5:548) quotes R’ Chaim Kanievsky who maintained that one is not required to leave a home without a mezuza . R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:643) notes that people often remove their mezuzos unnecessarily as a good mezuza on an internal door should not need checking regularly. It is advisable for a sofer to have spar...

Question: Can I pronounce Hashem’s name properly when teaching children? Answer: The Gemara (Nedarim 7b) warns us about the consequences of saying Hashem’s name in vain. The Shulchan Aruch (OC 215:4) writes that one who says an unnecessary beracha has said Hashem’s name in vain. The Magen Avraham (215:6) writes that according to Rambam (Berachos 1:15) this is forbidden mideoraisa while Tosafos (Rosh Hashana 33a) and the Rosh (Kiddushin 1:49) write that it is forbidden miderabanan. The Gemara (Berachos 53b) teaches that w hen children are practicing reciting berachos, one should not say amen in response. The Kesef Mishna (Berachos 1:15) writes that it is clear from the Gemara that adults teaching children can say the berachos for them to repeat, complete with Hashem’s name. In such a case, one should not say amen when the child says the beracha (See Mishna Berura 215:14). The Shulchan Aruch (OC 215:3) writes that one should say amen , however, if they are saying a regul...

Question: I narrowly missed a serious pile-up on the motorway in which people were seriously hurt. Should I bentch gomel ? Answer: The Gemara (Berachos 54b) teaches that there are four specific scenarios following which one recites the beracha of hagomel . They are crossing a desert or a sea, imprisonment, or serious illness. Nonetheless, the Shulchan Aruch (OC 219:9) writes that there is a machlokes as to whether this list is exclusive or not. The Magen Avraham (219:10), Shulchan Aruch Harav (Birkas Hanehenin 13:7) and Mishna Berura (219:32) write that we pasken that one recites the beracha upon being saved from other potentially fatal situations, too. Nonetheless, the Chida (Birkei Yosef OC 219:8; Machzik Beracha OC 219:6), Ben Ish Chai (Ekev 1:10) and Kaf Hachaim (OC 219:52) write that we only recite the beracha following these four instances. If one survived a different incident, one should recite the beracha without Hashem’s name. The Chayei Adam (1:65:4) writes th...

Question: I davened maariv in a Chassidishe shul and they did not say the beracha of Baruch Hashem leolam.. before the amida . Should I say it after Maariv ? Answer: The Tur (OC 236:2) explains why we recite the beracha of Baruch Hashem before the amida. In the olden days, shuls were situated in the cities. In order to prevent people returning home so late, chazal penned an abridged version of the amida . We continue saying this even though the reason no longer applies, though there are rishonim who maintain that we no longer say it. The Taz (OC 236:2) writes that one who comes late to shul should skip this beracha, if necessary, to daven the amida with the tzibbur and recite it after maariv instead. Likewise, the Elya Rabba (236:7) and Chayei Adam (1:34:3) write that if one needs to skip Baruch Hashem, they should recite it after Maariv. The Magen Avraham (296:7) adds that as saying this is only a minhag , one can skip it, if necessary, though does not write wheth...

Question: Our ten-year-old daughter poured herself some cereal for breakfast and realised that she had forgotten to wash her hands first. Does she have to throw it out? Answer: The Shulchan Aruch (OC 4:2; 3; 18) writes that one must wash one’s hands upon waking up to remove the ruach ra’ah, bad spirit. O ne should avoid touching one’s mouth and eyes, etc. before washing. The Mishna Berura (4:10) writes that we should urge children to wash their hands, too, before touching food (see Moreh Baetzba 2:60). The Chayei Adam (1:2:2) quotes his grandson who demonstrates that things prohibited due to ruach ra’ah are not prohibited bedieved. R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:1) challenges this, writing that not all forms of ruach ra’ah are equal. He quotes a story in which the Vilna Gaon refused to eat such food, asking for it to be destroyed. Nonetheless, he justifies buying food from places where the workers likely did not wash their hands three times (see Shraga Hameir 7:171...

Question: I had my mezuzos checked and found out that a couple of them are not the best quality. Do I recite a new beracha when replacing them with better ones? Answer: The Aruch Hashulchan (YD 289:4) writes that if one removes their mezuza to check it, they do not recite a new beracha if they reaffix it that same day. However, if the mezuza was passul and had to be replaced, one must recite a new beracha . There is a machlokes however as to whether one recites a new beracha when replacing a kosher mezuza with another one. The Maharam Schick (YD 285) compares this to tzitzis. The Rema (OC 8:12) writes that if one removed one’s tzitzis and donned a new pair one recites a new beracha . So too, one replacing a mezuza must recite a new beracha . However, R’ Shimon Greenfeld (Maharshag YD 1:57) disagrees, arguing that there is a difference between mezuza and tallis . One who was wearing a tallis and later decided to don a second pair would have to recite a new beracha ...

Question:  One of our mezuzos was accidentally knocked off. Do we need to fast? Answer: The Magen Avraham (OC 44:5, quoting the Mishpatei Shmuel) and Shulchan Aruch Harav (OC 44:5) write that there is a minhag for a person to fast if their tefillin fall to the ground. The Mahari Brunna (127) explains that dropping tefillin should be seen as a sign from shamayim, prompting one to do teshuva . The Chida (Chaim Sha’al 1:12) clarifies that the fast serves as atonement for a lapse in proper care and respect (see Tzitz Eliezer 5:1). R’ Moshe Zvi Landau (Mezuzos Melachim, Halacha Lemoshe 201) discusses a machlokes regarding whether one must fast if a mezuza falls. R’ Moshe Leib Rosenbaum (Beis Aryeh 15:6) maintains that fasting is required, whereas R’ Chaim Falagi (Lev Chaim 3:131) argues that a mezuza does not possess the same level of sanctity as a sefer Torah or tefillin , and therefore fasting is unnecessary (see Maharsham 2:264). R’ Menashe Klein (Mishne Halachos 5:195...

Question: The top nail came out of our mezuza case causing the mezuza to hang upside down on the bottom nail. Do I need to recite a new beracha when reaffixing it? Answer: The Shulchan Aruch (OC 8:15) writes that if one’s tallis accidentally slipped off, one should recite a new beracha when putting it back on. The Pischei Teshuva (YD 289:1) and the Aruch Hashulchan (YD 289:4) compare this to a mezuza that fell, writing that one is required to recite a new beracha upon replacing a fallen mezuza . However, R’ Ovadia Yosef (Yabia Omer YD 3:17:11) writes that one does not recite a new beracha , arguing that there is a fundamental difference between tzitzis , which one is no longer obligated to wear when they are no longer wearing a tallis , and a mezuza , which must be affixed to one’s doorway at all times. Nonetheless, the Kitzur Shulchan Aruch (11:7), Chayei Adam (Kuntres Hamezuza 289:7) and R’ Menashe Klein ( Mishne Halachos 7:186) write that one does say a new beracha ...

Question: Do we need to affix mezuzos  to classrooms? Answer: The Gemara (Yuma 11b) teaches that there is a machlokes as to whether one places a mezuza on the entrance to a beis haknesses . The Shulchan Aruch (YD 286:3) writes that a beis haknesses doorway is exempt from a mezuza unless someone lives in the shul building. However, he writes that there is a machlokes (YD 286:10) as to whether a beis hamedrash doorway requires a mezuza , concluding that it is ideal to affix one, albeit without reciting a beracha . The Shach (YD 286:19) explains that as the students learn there all day, it is considered to be a place of habitat. Nonetheless, the Shulchan Aruch (YD 286:11) writes that a shop in a market is exempt. The Taz (YD 286:10) explains that such shops remain empty at nights. Nonetheless, a regular classroom contains equipment and supplies that the teachers and students need to teach and learn. As such, it should be obligated with a mezuza (see Kobetz Beis Levi 2:575...