Making up for Missed Davening

Question: I was travelling and, due to losing a few hours, was unable to daven shacharis on time. What should I do now?

Answer: The Shulchan Aruch (OC 89:1) states that one should daven shacharis within four hours of alos hashachar (dawn). However, the Rema adds that if necessary, one may daven shacharis up until chatzos (midday).

The Gemara (Berachos 26a) teaches that if someone inadvertently misses shacharis, mincha or maariv they can compensate by reciting a tefilla tashlumin, an additional amida in the next tefilla. The Shulchan Aruch (OC 108:1) rules that the regular amida must always be said first, followed by the tashlumin (see Aruch Hashulchan OC 108:9). The Shulchan Aruch (OC 108:7) and Mishna Berura (108:1; 22) clarify that one who deliberately misses a tefilla forfeits the opportunity for tashlumin.

As this tashlumin should follow immediately after the regular amida, the Mishna Berura (108:11) advises against any interruptions, even for Torah study. One doing tashlumin for shacharis should listen to chazaras hashatz and recite both tachanun and ashrei first (see Rivevos Ephraim 1:170; 3:142; 8:37).

R’ Avraham Yeshaya Pfoifer (Ishei Yisrael 30:n5) writes that since both amidos should be identical, a person who davens nusach ashkenaz and missed shacharis should recite shalom rav instead of sim shalom, even for the tashlumin.

Although it is not customary to wear tefillin during mincha, R’ Avraham Yeshaya Pfoifer (Ishei Yisrael 19:n46) advises that someone who has not yet donned tefillin that day should do so then. R’ Moshe Feinstein (Igros Moshe OC 4:34) permits wearing tefillin in shul during mincha even if others do not, as this does not constitute lo sisgodedu (creating divisions through differing practices).

In conclusion, if one missed shacharis, they should daven mincha as usual and then recite the amida again as a tashlumin. If in shul, they should first listen to the chazaras hashatz and recite both tachanun (when relevant) and ashrei before proceeding with the tashlumin.

Using Non-Toveled Plates

Question: We were invited to a family member’s house who does not keep kashrus properly but have gone out of their way to buy us kosher food. They have even bought us new plates to eat from, though they haven’t tovelled them. What can we do?

Answer: While there are some rishonim that allow one to use dishes that have not yet been tovelled (See Raavya, Pesachim 464; Hagaos Maimonos, Maacholos Assuros 17:6), the Rema (YD 120:8) and other rishonim (Issur Vehetter 58:85; Rokeach 481) write that one mustn’t use such dishes. Nonetheless, the Yeshuos Yaakov (120:1) and Mishna Berura (Biur Halacha 323:7) write that this prohibition is miderabanan.

The Rema (YD 120:16) writes that the lack of tevila does not render the food forbidden to eat. The food should be transferred to another dish before eating, though.

The Shulchan Aruch (YD 120:8) writes that if one borrowed a dish that hadn’t been tovelled from another Jewish person, they are obligated to tovel it, unless they bought it for non-food purposes.

Thus, R’ Moshe Feinstein (Igros Moshe YD 3:22) writes that if one is eating in a Jewish owned hotel that hasn’t tovelled its dishes, one can only eat something solid that can be removed off the plate. One would not be able to have soup, though, etc. (See Rivevos Ephraim 5:480:1:12).

R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 1:44), R’ Shlomo Zalman Auerbach (Minchas Shlomo 2:66:14) and R’ Ovadia Yosef (Yechave Daas 4:44) write, however, that one running a food business is comparable to one who buys a knife for non-food purposes. Thus, they justify the practice of many establishments who don’t tovel their catering dishes. Likewise, one may eat at such places even if one knows that the dishes haven’t been tovelled (See Minchas Asher 3:55:4). This wouldn’t necessarily apply to eating at one’s friend’s house, however.

R’ Zvi Cohen (Tevilas Kelim 3:n19) quotes R’ Yitzchok Isaac Liebes (Beis Avi 116) who addresses a similar scenario. He writes that porcelain and glass dishes only require tevila miderabanan. In fact, according to the Yaavetz (Sheilas Yavetz 1:67) porcelain dishes don’t require tevila at all (See Aruch Hashulchan YD 120:29).

Additionally, guests aren’t in the same category as one who hires or borrows a dish. As the Rema writes that the food itself would not be prohibited even for the host (if it was transferred to a different container), there is no reason to prohibit it for the guest. Thus, he concludes that one may eat on non-tovelled dishes if absolutely necessary.

In conclusion, it would certainly be okay to take a biscuit, etc. from such a plate. Under such circumstances, you could eat normally from these plates, though you shouldn’t rely on this elsewhere if you can easily use disposable dishes, etc.

Looking at the Kohanim During Duchening

Question: I see some men cover themselves with a tallis during duchaning, while others turn round so they are not facing the kohanim. What are we supposed to do?

Answer: The Gemara (Sotah 38a) stipulates that the kohanim must face the community while duchaning. Consequently, the Shulchan Aruch (OC 128:23) advises that while kohanim are duchaning, everyone else should face the kohanim, without staring at them, and focus on the beracha. R’ Moshe Feinstein (Igros Moshe OC 5:20:23) notes that one can even adjust their position in the middle of davening the amida to ensure they are facing the kohanim.

The Gemara (Chagiga 16a) emphasizes that one must not look at the kohanim while they were duchaning in the Beis Hamikdash as the shechina rested upon their hands while pronouncing the shem hameforash (ineffable name), which could cause a person’s eyes to grow dim. However, the Magen Avraham (128:35) and Mishna Berura (128:89) point out that this reason no longer applies. Instead, Rambam (Tefilla Ubirchas Kohanim 14:7) and Tosafos (Chagiga 16a) explain that watching the kohanim can be distracting. Accordingly, the Magen Avraham and Mishna Berura suggest that nowadays one may briefly glance at the kohanim. Nonetheless, the minhag is to avoid looking, as a zecher (remembrance) of the duchaning in the Beis Hamikdash.

The Rema (OC 128:23) records the minhag of kohanim covering their hands with their tallis to prevent people from looking at them. The Aruch Hashulchan (OC 128:36) recommends this practice as ideal, while the Mishna Berura (128:92) notes that in some places the minhag was for the tzibbur to cover their faces instead.

R’ Moshe Feinstein (Igros Moshe OC 5:24:4) points out that nowadays, with the universal minhag being for the kohen to cover his hands with his tallis, there is no concern about seeing them. One who is not wearing a tallis should follow along in their siddur or look downwards to avoid distraction (see Mishna Berura 128:115).

In conclusion, there is a minhag not to look at the kohanim's hands during duchaning, though one would not do anything wrong if they inadvertently see them. While those who wear a tallis typically cover themselves with it, there is no need for others to cover their eyes, especially as kohanim cover their hands nowadays. To avoid being distracted, it is advisable to follow along in one’s siddur or look downwards, but not to turn away from the kohanim.

Tying down Sechach

Question: I was invited to a friend’s sukka and I noticed that his sechach was tied down with plastic cable ties. Was his sukka kosher?

Answer: The Gemara (Sukka 21b) discusses whether the materials used to support the sechach (maamid) need to be fit for sechach themselves. There is a machlokes rishonim as to what the halacha is. While the Ramban (Milchemes Hashem, Sukka 10a) and Ran (Sukka 10a) write that one can’t use a maamid that wouldn’t be kosher for sechach, the Shulchan Aruch (OC 630:13) paskens that one may (See Beis Yosef OC 630:26). Thus, the Magen Avraham (OC 629:9) and Mishna Berura (629:22) write that while it isn’t ideal to use a non-kosher maamid, if one did use such material to support their sechach, it would be kosher bedieved.

The Shulchan Aruch (OC 629:7) questions whether one may use a wooden ladder as sechach. The Rema writes, therefore, that one shouldn’t even place it on top of their sechach to keep it in place. The Taz (OC 629:10), however, challenges this, as surely the ladder would be rendered insignificant (battul) by the rest of the kosher sechach. The Aruch Hashulchan (OC 629:18) writes that the ladder that the Shulchan Aruch was referring to was a particularly large one with slats that were four tefachim wide. There wouldn’t be an issue, however, with using narrower beams made out of metal, etc.

The Shulchan Aruch (OC 629:5) writes that one may use unprocessed reeds for sechach. The poskim write that materials used to tie the sechach down are also considered to be maamid (See Mishna Berura 629:24). While one can’t nail sechach down (Magen Avraham OC 627:2; Shaar Hatziyun 633:6), the Mishna Berura (629:26) writes that one may use such string to tie down one’s sechach to wooden supports. R’ Ovadia Yosef (Yechave Daas 1:64) allows one to use cotton thread to tie bamboo mats together, especially as such thread is only possul miderabanan as sechach. Seemingly, the Aruch Hashulchan (ibid.) would even permit plastic cable ties lechatchila.

R’ Betzalel Stern (Betzel Hachachma 5:44) writes that if the sechach would be able to stay on with the ties under regular wind conditions, then the sukka would be kosher regardless of what ties it down. If during storm weather the sechach only stays on due to plastic ties, however, then the sukka would be unfit to use during the storm according to some poskim.

In conclusion, it is preferable to use natural unprocessed twine to tie one’s sechach down with. While some poskim would always allow one to use plastic cable ties, there are others that write that one should only do so if the sechach would otherwise stay on under normal wind conditions and it wouldn’t be fit to use under heavy winds. 

Wearing a Kittel on Yom Kippur

Question: I recently got married and don’t have a specific minhag about wearing a kittel. Should I wear one on Yom Kippur?

Answer: The Gemara Yerushalmi (Rosh Hashana 1:3) records the minhag for people to wear white clothes on Yom Kippur. The Rema (OC 610:4) writes that there is a minhag to wear a kittel. He explains that on Yom Kippur we are comparable to malachim (angels). Secondly, the clean white represents the innocent state we are aiming for. Lastly, as it is worn with shrouds, it urges people to do teshuva.

There are different minhagim as to whether a man should wear a kittel in his first year of marriage.

The Maharam Shik (OC 28) writes that in some communities, the custom is for men not to wear one until after their first year of marriage. He notes, though, that this primarily applies to chassanim who get married before they are twenty. He writes, though, that there is no mekor for this custom and that one shouldn’t prevent newlywed men from wearing one (See Mateh Ephraim, Elef Hamagen 619:11).

The Shearim Metzuyanim Behalacha (131:22) and Piskei Teshuvos (610:3) however, quote a few poskim who write that men should wear a kittel even within their first year of marriage (See Yad Yitzchak 3:202:4).

The Taamei Haminhagim (Kuntres Acharon 503) writes that because of the sombre symbolism of the kittel, men who have recently gotten married shouldn’t wear one, though avelim, (mourners) should (See Taz OC 472:3). Nonetheless, the Aruch Hashulchan (OC 610:2) and R’ Moshe Feinstein (Igros Moshe YD 4:61:7) note that nowadays, people choose to concentrate more on the more positive aspects and treat the kittel as an garment of honour. Thus, an avel should not wear a kittel. Presumably, they would allow newlywed men to wear one.

In conclusion, unless one has a specific minhag not to wear a kittel during their first year, it seems that married men should all wear a kittel when davening on Yom Kippur.