Sunday, 30 November 2014

Announcing Yaaleh Veyavo

Question: What are the halachic guidelines for reminding others to recite yaaleh veyavo on Rosh Chodesh? Is it permissible to say ‘yaaleh veyavo’ loudly during shemoneh esrei?

Answer: The Gemara (Berachos 9b) teaches that one must not interrupt between the beracha of geula (redemption) and the amida during shacharis and maariv.

The Shulchan Aruch (OC 236:2) states that before the amida, the chazan announces ‘Rosh Chodesh’ to remind the congregation to recite yaaleh veyavo. Since this is essential for tefilla, it is not considered an unnecessary hefsek (see Shut Harashba 1:293). However, the Mishna Berura (Shaar Hatziyun 236:4) clarifies that this practice applies only to maariv. During shacharis, even the slightest interruption before the amida is prohibited (see Taz OC 114:2).

The Kaf Hachaim (OC 236:16) writes that the chazan may say the words ‘yaaleh veyavo’ aloud while saying his own amida, even beginning his amida early if necessary. However, R’ Shlomo Zalman Auerbach (Halichos Shlomo, Rosh Chodesh 1:1) ruled that only the chazan or gabbai should do so. Others may hint to someone as a reminder but should not announce it aloud. Similarly, R’ Moshe Stern (Ba’er Moshe 4:10) writes that while anyone may say ‘yaaleh veyavo’ loudly, no one else should repeat it afterward.

The Kaf Hachaim (OC 236:17) notes that in Yerushalayim, the minhag is not to make any announcements. Elsewhere, it is permissible to announce ‘yaaleh veyavo’ during maariv, but not less significant additions such as al hanissim. However, the Mishna Berura (236:7) permits all such announcements (see Magen Avraham 236:1).

In conclusion, the gabbai may bang on the table before the amida during shacharis and may say the first few words of yaaleh veyavo aloud while reciting his amida, though others should refrain from doing so. In many shuls, the gabbai announces ‘yaaleh veyavo’ before the amida of mincha and maariv.

Sunday, 23 November 2014

Buying non-Kosher Gifts

Question: I want to buy gifts for our non-Jewish clients. Can I buy them non-Kosher food and wine?
Answer: The Shulchan Aruch (YD 117:1) writes that one must not do business with any food which is forbidden to eat mideoraisa. The Rema writes that one must not, therefore, buy such food for one’s non-Jewish workers as one stands to benefit from giving such gifts (See Kaf Hachaim YD 117:28).
The Taz (YD 117:2), however, allows buying such food for workers, arguing that such gifts do not constitute business (See Shach YD 117:3).
The Shulchan Aruch (YD 87:1) writes that meat and milk that were cooked together are assur behanaah, forbidden to benefit from. Therefore, if one received such a food product, one may not even pass it on to a non-Jew. The Rema writes that this does not apply to foods that are assur miderabanan. Thus, one may buy food that is bishul akum, etc.
Nonetheless, the Kaf Hachaim (YD 117:52) writes that even those poskim who are stringent would allow buying gifts for non-Jews. Likewise, the Aruch Hashulchan (YD 117:19) writes that one does not need to spend more money in order to buy Kosher food.
The Aruch Hashulchan (YD 117:28) and Kaf Hachaim (YD 117:47) write that if one received non-Kosher meat, one may pass it on to a non-Jew.
The Rema (YD 123:1) writes that as there is a machlokes about the status of non-Kosher wine (stam yeinam), one should not benefit from it unless one will make a substantial financial loss. Therefore, if one receives such a bottle, they may rely on the lenient authorities and pass it on.
In conclusion, one may buy non-Kosher food to give to non-Jewish people, though one must not buy meat and milk cooked together or non-Kosher wine. One who receives such wine or meat may pass it on, though.

Sunday, 16 November 2014

Slow-Cookers on Shabbos

Question: Do I need to line my slow-cooker with foil in order to use it on Shabbos?
Answer: The Gemara (Shabbos 36b) writes that to prevent one from accidentally lighting a fire on Shabbos (mavir) there is a restriction against leaving uncooked food cooking on Shabbos (shehiya). The Mishna (Shabbos 3:1) teaches that one may place a pot in an oven after one has removed the coals (garuf) or cover the coals with ashes (katum).
The Chazon Ish (OC 37:11) writes that placing a metal sheet, or blech, over one’s stove hardly affects the cooking and so doesn’t help on Shabbos. Nonetheless, the Kaf Hachaim (OC 253:11), R’ Moshe Feinstein (Igros Moshe OC 1:93), R’ Eliezer Waldenberg (Tzitz Eliezer 7:15) and R’ Shmuel Wosner (Shevet Halevi 1:91) write that placing a metal sheet or blech over one’s stove would be considered garuf vekatum, allowing one to leave food on the flame even if it wasn’t yet fully cooked when Shabbos begins (See Biur Halacha 253:1).
A second issue with slow-cookers is hatmana, insulating. The poskim debate as to whether it is enough for just the lid to be uncovered, or if part of the sides need to be exposed to avoid hatmana. R’ Shlomo Zalman Auerbach (Shulchan Shlomo, Shabbos 257:13) maintains that in order to avoid the issue of hatmana, one must line the pot with foil which should stick out a little so that it is noticeable. R’ Shmuel Wosner (Shevet Halevi 9:52), however, writes that as the pot is not covered on top, there is no issue of hatmana (See Rema OC 253:1; Taz OC 258:1; Shulchan Aruch Harav, Kuntres Acharon 257:3(. R’ Dovid Ribiat (The 39 Melochos, p633) writes that this was also the view of R’ Moshe Feinstein (See Igros Moshe OC 4:74).  
R' Yosef Shalom Elyashiv (quoted in Orchos Shabbos 2:n149) maintained that in order to avoid hatmana, one must raise the pot insert a little. Thus, some place some scrunched up foil underneath the pot, too.
In conclusion, one should ideally line their slow-cooker with a foil-blech, especially if one may want to return the pot to the flame.

Sunday, 9 November 2014

Destroying Fruit Trees

Question: We have an apple tree in our garden that produces apples each year. Its roots are now causing damage to our house. Can we cut it down?
Answer: The Torah (Devarim 20:19) writes that when fighting against a city, one must be careful not to destroy any fruit trees.
Rambam (Melachim 6:8) writes that if the tree is causing any type of damage, one may destroy it.
While the Kaf Hachaim (YD 116:85) writes that one shouldn’t destroy a fruit tree to build an extension, most poskim allow one to (See Rosh, Bava Kama 91b; Aruch Hashulchan YD 116:13, Yabia Omer YD 5:12:3).
R’ Ovadia Yosef (Yabia Omer YD 5:12:5) writes that even when it is permitted to destroy the tree, it is best to sell the tree to a non-Jew first, and let them destroy it. R’ Shmuel Wosner (Shevet Halevi 5:95) writes similarly, though adds that one should also sell him the land on which the tree grows (See Teshuvos Vehanhagos 2:729).
While the Gemara (Pesachim 50b) writes that one who destroys fruit trees will not see a good sign all his life, the poskim (Aruch Hashulchan ibid; Yabia Omer ibid; Shevet Halevi 6:112) write that when one does so in a permissible manner, one does not need to be concerned.

Sunday, 2 November 2014

Kissing Others in Shul

Question: I kissed my crying son in shul to soothe him but was advised that this was inappropriate. However, I've noticed others engaging in similar behaviour. What are the proper guidelines?

Answer: The Rema (OC 98:1) instructs that fathers should refrain from kissing their children in shul, as the shul is a place dedicated to expressing one's love for Hashem (Sefer Chassidim 255). R’ Avraham Yitzchak Kook (Orach Mishpat OC 22) extends this prohibition to include kissing any family members or friends.

The Ben Ish Chai (Vayikra 1:11) clarifies that while kissing young children in shul should be avoided, the Sefardi minhag of kissing the hand of a talmid chacham is commendable because it signifies respect rather than personal affection. Similarly, one may kiss one’s father or Rabbi after being called up for an aliya, provided this is the customary practice (see Kaf Hachaim OC 151:6; Ohr Letzion 2:45:55). R’ Ovadia Yosef (Yechave Daas 4:12) further explains that honouring such individuals is, in fact, a way of honouring Hashem, much like the requirement to stand in their presence, even within a shul. However, one should avoid kissing other relatives who are not accorded the same level of honour.

The Piskei Teshuvos (98:7) suggests that since this halacha appears in the context of the laws of tefilla rather than general hilchos beis haknesses, the prohibition might only apply during davening. He cites R’ Yisrael Avraham Alter Landau (Beis Yisrael OC 1:9), who points out that Moshe kissed Aharon on Har Sinai because the shechina was not present at that moment.

Nevertheless, R’ Ovadia Yosef (Yabia Omer EH 3:10) rules that during a chuppa in a shul, one must avoid embracing or kissing relatives, as such expressions of affection are always forbidden within a shul (see Rivevos Ephraim 2:66). The Piskei Teshuvos (98) adds that it would be permissible to kiss a child in shul if the intention is solely to calm them down, as this act is not an expression of affection but a necessary measure.

In conclusion, kissing children in shul should generally be avoided, even after davening. However, it is permissible to do so if it is necessary to soothe a crying child.