Tovelling Disposables

Question: I usually reuse disposable aluminium dishes a few times. Do I need to tovel them?

Answer: Rambam (Kelim 5:7) writes that when one only intends on using a container once before throwing it away, it is not mekabel tumah. The Shav Yaakov (Shut 31) writes that only containers that are considered to be proper kelim require tevila. Following this, R' Yitzchak Yaakov Weiss (Minchas Yitzchak 2:32) paskens that disposable dishes that are only used once do not require tevila. If they will be reused at all, then they do require tevila.
R’ Moshe Feinstein (Igros Moshe YD 3:23), however, quotes Rambam elsewhere (Kelim 2:1) who writes that the criteria for a container to be mekabel tumah is also that it is long lasting. Thus, even if one decides to reuse such a container, it will not require tevila. R’ Moshe does concede, however, that if one buys it with the intention to reuse it a few times (or later decides to use it a few more times), then one should tovel it without a Bracha.

R’ Asher Weiss (tvunah.org) writes that the Tiferes Yisroel (Intro to Taharos - Yevakesh Daas 44) quotes the Vilna Gaon saying that only containers made from the six metals mentioned in the Torah (gold, silver, copper, iron, tin and lead) can be mekabel tumah. Although aluminium is not one of the ‘Torah’s metals’, the Tiferes Yisroel argued that it should be included along with other types of metal.

R’ Moshe Feinstein (YD 2:164) however, disagrees, as aluminium was never included.

R’ Asher Weiss therefore concludes that disposable aluminium dishes do not require tevilah even if they are reused a few times.

Please Remain Seated - Sitting during Leining

Rambam was asked (Teshuvos Harambam 46) whether it’s right to stand for the reading of the Aseres Hadibros. Many have the custom to do so to remind us of the time we stood when we received the Torah. The Gemara (Berachos 12a) tells us that the Chachamim did not incorporate the Aseres Hadibros into the davening as there was a danger that some would think like the heretics that this was the only passage given at Sinai. Similarly, writes Rambam, one who normally sits during leining must not stand for the Aseres Hadibros.

While many acharonim including R’ Moshe Feinstein (Igros Moshe OC 4:22) and R’ Ephraim Greenblatt (Rivevos Ephraim 6:153:14) justify standing, R’ Ovadia Yosef (Yechaveh Da’as 1:29) writes that had they seen Rambam’s responsum they wouldn’t have written what they did.

R’ Moshe Sternbuch (Teshuvos V’hanhagos 1:144) recommends standing up before the Baal Koreh begins reading the Aseres Hadibros so no one will mistakenly think that the Torah is only comprised of the Aseres Hadibros. R’ Ovadia Yosef writes that as the Rabbi is usually honoured with this aliya it would be okay to stand for him and remain standing.

Nonetheless, R’ Moshe writes that whatever one’s individual practice, one must join in with everyone else, and not go against the norm. While the individual may not have much choice, the tzibbur should either remain seated throughout, or stand for the whole aliya.

How Many are Required for Chazaras Hashatz?

Question: How many people need to finish davening shemone esrei before the chazan can begin chazaras hashatz or kaddish?

Answer: The Shulchan Aruch (OC 124:4) states that the chazan should wait for nine others to respond before beginning chazaras hashatz. If this requirement is not met, it is considered close to making a beracha levatala. However, elsewhere, the Shulchan Aruch (OC 55:6) appears to contradict this ruling, stating that if one of the ten cannot respond because they are still davening or have fallen asleep, they may still be included in the count.

The acharonim offer various explanations to reconcile this apparent contradiction. The Magen Avraham (55:8) concludes that nine respondents are not strictly required for chazaras hashatz (see Taz OC 55:4, Aruch Hashulchan OC 55:13). On the other hand, the Shulchan Aruch Harav (OC 55:7), Kitzur Shulchan Aruch (20:2), and Kaf Hachaim (OC 55:48; 124:20) maintain that a full minyan is indeed necessary.

R’ Ephraim Greenblatt (Rivevos Ephraim 3:145) explains that a minyan is required only for repeating chazaras hashatz. For kaddish after maariv, it is sufficient to have six men who have completed their amida, relying on others who may still be davening or even asleep.

The Noda Biyehuda (EH 1:54) was asked about a situation in which someone was mesader kiddushin without confirming the presence of a minyan for the berachos. He ruled that while lechatchila a minyan is required for all devarim shebikedusha, bedieved, one fulfils the obligation even without a full minyan. He cites the Talmud Yerushalmi (Megilla 30b) to support this position: if some individuals leave in the middle of davening, leaving fewer than ten people, the chazan may still continue.

R’ Shmuel Wosner (Shevet Halevi 4:14), however, questions this proof. He distinguishes between the requirement to have a minyan at the start of chazaras hashatz, which brings the Shechina, and the continuation of davening after the Shechina is already present, even if one or two individuals leave.

In conclusion, the chazan should wait for nine others to respond before beginning chazaras hashatz. Nevertheless, in cases of necessity, one may rely on the lenient opinions (Tzitz Eliezer 12:9; Yalkut Yosef 124:14). For kaddish after maariv, it is sufficient to have six men who have finished their amida.