Dose of Halacha

Question: If I daven maariv some time after nacht , should I wait to count the omer or count as soon as it is nacht ? Answer: According to the Shulchan Aruch Harav (OC 489:3), while one can count the omer any time during the night, lechatchila , one should count as soon as it is nacht . Therefore, the Mishna Berura (489:2) writes that it is customary to count the omer before saying aleinu to fulfil the mitzva as early as possible. The Magen Avraham (489:7) and Shulchan Aruch Harav (OC 489:16) permit counting the omer before maariv, even on Motzaei Shabbos when extending Shabbos. However, it is recommended to daven maariv first, following the principle of ' tadir ve’sheino tadir, tadir kodem ', (giving precedence to the more frequent mitzva ). Since sefiras haomer occurs less frequently than kerias shema , one should prioritise reciting the shema first. The Mishna Berura (Biur Halacha 489:1) provides two reasons as to why counting the omer used to be delayed. The Chok ...

Question: When is the best time to count the omer if I am not davening maariv with a minyan at nacht ? Answer: The Beis Yosef (OC 489:1) highlights a machlokes regarding whether one may count the omer during bein hashemashos (the time between shekia , sunset, and nacht , nightfall). The Rosh, (Pesachim 10:40), Tur (OC 489:1) and Tosafos (Menachos 66a) argue that since counting the omer is miderabanan nowadays, it is permissible to count from shekia . On the other hand, Rambam (Temidin Umusafin 7:22) and the Ran (Pesachim 28a) assert that one should wait until nacht . Following this reasoning, the Mishna Berura (489:14) states that, ideally, one should wait until nacht to count (see Aruch Hashulchan OC 489:7). Other poskim , including the Bach (OC 489:1), Shulchan Aruch Harav (OC 489:12) and R’ Ovadia Yosef (Yechave Daas 1:23) write that it is acceptable to count after shekia . The Shulchan Aruch (OC 489:1) advises that the omer should be counted after maariv . The Mishna Beru...

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 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 find that music really relaxes me and find it very difficult not to listen to music during the sefira. Can I listen to chazzanus ? Answer: The Gemara (Yevamos 62b) teaches that 24,000 students of R’ Akiva died between Pesach and Shavuos. Therefore, the Shulchan Aruch (OC 493:1) writes that we observe certain mourning practices during this time. The Aruch Hashulchan (OC 493:1) adds that this has been intensified by the tragedies of the Crusades that ravaged European communities in more recent times. While there is no mention in the Shulchan Aruch of the prohibition on listening to music during the sefira , the Magen Avraham (493:1) writes clearly that one must not dance during this time. As music and dancing are often synonymous, R’ Moshe Feinstein writes (Igros Moshe YD 2:137) that it has become the prevalent minhag to refrain from listening. Likewise, the Aruch Hashulchan writes (OC 493:2) that while engagement parties are permitted, there must be no musical accompa...

Question: We recently bought a house and are moving in next week. Can we make a chanukas habayis during the sefira ? Answer: The Mishna (Berachos 9:2) writes that one recites the  beracha   shehecheyanu upon building a new house or buying new items. The Shulchan Aruch (OC 223:3) adds that this applies equally to buying an old house. The Mishna Berura (223:11) notes that when one is buying a family home that will benefit multiple people, one says hatov vehametiv instead. The Sheiltos (1:1) mentions that there is also an ancient minhag to invite others to a party when completing a house. The Magen Avraham (568:5) writes that it is only considered to be a seudas mitzva if one buys a home in Eretz Yisrael . He quotes the Maharshal (Yam Shel Shlomo, Bava Kama 7:37) who writes that for such a party in chutz la’aretz to be considered a seudas mitzva, one must ensure that they share divrei Torah there (See Kaf Hachaim OC 223:19; 568:25). R’ Malkiel Tannenbaum (Divrei...

Question: I have heard that some people eat matza on pesach sheni . Should I do so? Answer: Rambam (Korban Pesach 5:1) writes that anyone who didn’t manage to bring the korban pesach on Pesach either because they were tamei or because they were too far away from the beis hamikdash could do so on the 14 th of Iyar. While this doesn’t apply nowadays, R’ Yaakov Emden (Siddur Beis Yaakov, Shaar Hayesod 21) writes that there is a minhag to eat matza on pesach sheni . According to the Piskei Teshuvos (492:n11) and Nitei Gavriel (Pesach 57:9), many chassidim do so together with maror and a cooked egg. Others do so on the following night, instead. Unfortunately, some people have a tendency to confuse such minhagim with performing the actual mitzva. Thus, R’ Yisrael Weltz (Divrei Yisrael 1:130) suggests that the reason why many who eat matza on pesach sheni do so specifically during the day and not at night is to avoid any issue of bal tosif , adding onto mitzvos. Likewise,...

Question: I don’t really need a new suit, but there is a sale on. Can I buy one during the omer ? Answer: The Shulchan Aruch (OC 493:1) writes that because the students of R’ Akiva died during the omer period, one shouldn’t get married or have haircuts during this time. R’ Ovadia Yosef (Yabia Omer 3:26; Yechave Daas 1:24) writes that many people confuse this time period with the three weeks leading up to Tisha B’Av. Unlike the three weeks which is a time of mourning for the churban , the omer is primarily a time of growth leading up to Shavuos. Thus, while the Shulchan Aruch (OC 551:17) writes that one should ideally not say shehecheyanu during the three weeks on new clothes or a new fruit, the Mishna Berura (493:2) writes that one may say shehecheyanu during the omer. R’ Eliezer Waldenberg (Tzitz Eliezer 18:41) notes that there were some communities that had the minhag to avoid saying shehecheyanu, though even they would allow it on Shabbos. Unless, one has such a minha...

Question: I forgot to count the omer on Thursday night, and only remembered after davening kabbalas Shabbos . As this was before shekia , can I still continue counting with a beracha , or was it too late? Answer: Tosafos (Menachos 66a) discusses a machlokes regarding whether one may count the omer during the day or if it must specifically be done at night. Accordingly, the Shulchan Aruch (OC 489:7) stipulates that if one misses counting at night, they should count during the next day without reciting a beracha. They may then resume counting with a beracha on subsequent nights (see Mishna Berura 489:34; Shaar Hatzion 489:45). The Taz (OC 600:2) discusses a case where a community had not fulfilled the mitzva of hearing the shofar on the second day of Rosh Hashana, which fell on a Friday. They began davening kabbalas Shabbos early, and then someone brought them a shofar . The Taz rules that despite having already been mekabel Shabbos , they could still blow the shofar (see Taz OC ...

Question: I always daven maariv early in the Summer as I can’t stay up until after nacht every night to count the omer. Can I count the omer early or should I wait until the next day to count? Answer: The Gemara (Shabbos 34b) writes that there is a doubt as to whether the time period between shekia (sunset) and tzeis hakochavim (nightfall) known as bein hashemashos , belongs to the end of the day, or to the beginning of the following night. Generally, we follow the rule that when it comes to matters of doubt we rule stringently with matters that are mideoraisa and leniently with matters that are miderabanan. As there is a machlokes as to whether counting the omer nowadays is mideoraisa or miderabanan , there is a machlokes as to whether one needs to wait until tzeis to count. Thus, Rambam (Temidin Umusafin 7:22) who holds that counting the omer nowadays is a mitzva deoraisa writes that one should wait until tzeis to count (See Biur Halacha 489:1). Tosafos (M...

Question: We attended a Bar Mitzva where they played music even though it was during the omer . Was this okay? Answer: The poskim (Aruch Hashulchan OC 493:2; Igros Moshe YD 2:137) write that one mustn’t listen to music during the omer . R’ Yitzchak Yaakov Weiss ( Minchas Yitzchak 1:111 ) writes that this minhag is so important that one wouldn’t even be able to play music at a seudas mitzva . R’ Ovadia Yosef (Yechave Daas 1:45; 6:34), however, writes that one may play music at a seudas mitzva during the omer, be it a bris seuda, bar mitzva or siyum, etc. R’ Ben Zion Abba Shaul (Ohr Letzion 3:17:1) also allows playing music at such occasions, writing that the simcha of the mitzva overrides the minhag not to play music. R’ Moshe Feinstein (Igros Moshe OC 2:95) allows one to play music at a sheva berachos for one who got married on lag b’omer. Elsewhere, ( ibid. EH 1:98) he writes that while one can make a party for a chassan and kalla who had returned to town after ...

Question: I read that one must not eat before counting the omer . Does it make a difference whether I daven maariv early or late? Answer: The Rema (OC 489:4) states that once it is time to count the omer one must refrain from eating until they have counted. There is a machlokes as to when exactly this restriction begins. The Shulchan Aruch Harav (OC 489:17) writes that one must not eat from a half-hour before shekia , while the Mishna Berura (489:23) allows eating until a half-hour before nacht (see Shaar Hatzion 489:29). Similarly, the Shulchan Aruch (OC 235:2) advises that one should not start eating half an hour before the time to daven maariv , as they may become preoccupied and forget to recite the shema . However, the Aruch Hashulchan (OC 232:16) notes that someone who regularly davens maariv in shul is permitted to eat beforehand because they are unlikely to forget to recite the shema . Likewise, the Mishna Berura (235:18) states that one who wants to eat may do so i...

Question: I see that many people say leshem yichud before counting the omer yet we didn’t do so in yeshiva. Should I begin saying it? Answer: Many have a minhag to say the kabbalistic prayer, leshem yichud, before performing certain mitzvos, expressing one’s intentions to fulfil the mitzva to serve Hashem properly in order to properly focus and prepare themselves in advance. Thus, the Chida (Moreh Baetzba 1) and Yesod Veshoresh Ha’avoda (9:8) stress the importance of this mitzva , and write that one must channel their thoughts and emotions to prepare themselves for this mitzva by saying leshem yichud ( See Minhag Yisrael Torah  8:1). Nonetheless, this practice, while printed in most siddurim, is a most controversial one. R’ Yechezkel Landau (Noda Biyehuda YD 93) wrote very strongly against saying leshem yichud, trying to get it removed from the siddur. This debate aside, other poskim point to particular textual issues within the leshem yichud preceding the ...

Question: Do I need to count the omer ? If so, should my husband wait to count the omer until he’s home so that he can count with me? Answer: While Rambam (Temidin Umusafin 7:22) and the Sefer Hachinuch (306) hold that the mitzva to count the omer nowadays is mideoraisa , most poskim (Tosafos, Menachos 66a; Rosh, Pesachim 10:40; Ran, end of Pesachim) hold that it is derabanan . The Ran explains that the Torah obligation is dependent on the korban haomer . Nowadays, we continue counting in commemoration of the mikdash . There is another machlokes as to whether women are obligated at all. Ramban (Kiddushin 34a) holds that women are obligated while Rambam (Temidin Umusafin 7:24; Sefer Hamitzvot 161) and the Magen Avraham (OC 489:1) hold that as it is a time-bound mitzva, women are exempt. The Mishna Berura (489:3) quotes the Shulchan Shlomo (489:3) who writes that as women will probably forget to count one night they shouldn’t count with a beracha at all . Nonetheless, t...

Question: I find that music really relaxes me and find it very difficult not to listen to music during the omer. Can I listen to acapella music? Answer: While there is no mention in the Shulchan Aruch of the prohibition on listening to music during the Sefira, the Magen Avraham (493:1) writes clearly that one mustn’t dance during this time. As music and dancing are often synonymous, R’ Moshe Feinstein writes (Igros Moshe YD 2:137) that it has become the prevalent minhag to refrain from listening. The Aruch Hashulchan, too, writes (OC 493:2) that while engagement parties are permitted, there must be no musical accompaniment. R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 1:111) brings sources to demonstrate that refraining from listening to music is not a new minhag. R’ Eliezer Waldenberg (Tzitz Eliezer 15:33) discusses whether recorded music is banned, too, and concludes that there is no difference between live and recorded music (See Yechave Daas 6:34). R’ Belsky holds that on...