Lighting in Shul with a Minyan

Question: Last year on erev Shabbos Chanuka, we did not have a minyan in time to light the menora before Shabbos. In such a scenario does one still recite the berachos when lighting or not?

Answer: The Shulchan Aruch (OC 671:7) writes that we light the menora in shul in order to publicise the miracle of Chanuka (pirsumei nisa).

R’ Yaakov Emden (Mor Uketzia 671) writes that one always needs ten people for pirsumei nisa. Therefore, one should only recite a beracha when lighting the menora in shul if there is a minyan present. Doing so without a minyan could be a beracha levatala (a beracha in vain).

The Magen Avraham (671:10) and Chayei Adam (2:154:17) write that one should not wait for a minyan to light before Shabbos. One can recite the berachos if one knows that there will be a minyan present later while the menora is alight. The Shaarei Teshuva (671:9) writes that this applies to any weekday, too. The Mishna Berura (671:47; Biur Halacha 671:7; Shaar Hatzion 671:54) explains that ideally one should wait until there is a minyan present to light, though one may light and recite the berachos even before the minyan has arrived as the main mitzva is for people to see the lights (see Minchas Yitzchak 6:65:1).

However, many of the Sefardi poskim disagree. The Chida (Machzik Beracha OC 671:7), Kaf Hachaim (OC 671:72), R’ Benzion Abba Shaul (Or Letzion 4:42:15) and R’ Ovadia Yosef (Yabia Omer OC 10:55:37) write that one cannot recite the berachos without a minyan present at the time of lighting (see Teshuvos Vehanhagos 1:398).

In conclusion, one should ideally wait for a minyan to light the menora in shul. If it is getting late, especially before Shabbos, Ashkenazim will light and recite the berachos if they believe that there will be a minyan. Sefardim will light without reciting the berachos.

Child Lighting in Shul

Question: Is it appropriate to ask a ten-year-old boy to light the menora in shul?

Answer: The Shulchan Aruch (OC 675:3) writes that there is a machlokes as to whether children can light the menora or not. The Rema writes that nowadays when everyone lights at home, children who have reached the age of chinuch should light, too. Nonetheless, the Mishna Berura (675:13) writes that a child cannot light on behalf of an adult.

The Beis Yosef (OC 671:7) gives three reasons for why we light the menora in shul. First, the guests who did not have a place to light their own menora would fulfil their obligation with the shul’s lighting (see Levush OC 671:8). Additionally, he quotes the Kol Bo (44) who writes that lighting in such a public manner where one shows people how to say the berachos correctly, publicizes the miracles (pirsumei nisa) which creates a kiddush Hashem. Lastly, the Rivash (111) explains that as we no longer light the menora outside our front doors, we ensure that we light in shuls where everyone can see the lights. The Mishna Berura (671:44) adds that even though lighting in shuls nowadays is only a minhag¸ nonetheless we still recite a beracha when lighting.

The Shibolei Haleket (185) and Chacham Zvi (88) note that as visitors no longer sleep over in the shul¸ this reason no longer applies. R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 6:65:1) writes that as we do not fulfil the mitzva by lighting in shul and it is the lights themselves, rather than the act of lighting that causes the pirsumei nisa, children should be able to light the menora.

Nonetheless, he concludes that it is not kavod hatzibbur for a child to light. Likewise, R’ Shraga Feivish Schneebalg (Shraga Hameir 2:16), R’ Ephraim Greenblatt (Rivevos Ephraim 8:273:2) and R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:335) write that lighting the menora is a great honour which should not be given to a child.

In conclusion, one should not ask a child to light the menora in shul.

Women Avoiding Melacha on Chanuka

Question: I learned that I am not supposed to perform melacha while the menora candles are burning. Does that mean I cannot fry latkes?

Answer: The Gemara (Shabbos 23a) teaches that while lighting the menora is a time-bound mitzva which women are normally exempt from, they share the same obligation to light the menora as they were also involved in the miracle of Chanuka. The rishonim debate what miracle the Gemara is referring to. According to Rashi this refers to the abolition of the threat that brides were under, while according to the Ran (Shabbos 10a) it was the famous incident of Yochanan’s daughter, Yehudis, who killed the Chief General (see Rema OC 670:2).

The Shulchan Aruch (OC 670:1) writes that women should not do any melacha while the menora lights are burning. The Taz (OC 670:2) compares Yehudis’ actions to the women who did not participate in the Golden Calf, for which they were rewarded with Rosh Chodesh. Accordingly, this restriction only applies to women. R’ Yaakov Emden (Mor Uketzia OC 670) points out, however, that the story of Yehudis occurred hundreds of years earlier during the time of the first Beis Hamikdash.

The Vilna Gaon (Biur Hagra OC 670:1) suggests that this minhag serves to remind us not to benefit from the menora’s lights. R’ Ephraim Greenblatt (Rivevos Ephraim 5:434) writes that accordingly, this restriction should apply equally to men. The minhag however, is that only women need to refrain from melacha (See Mor Uketzia ibid., Mishna Berura 670:3).

While the Magen Avraham (670:2) writes that this applies so long as the lights are burning, the Elya Rabba (670:1), Mishna Berura (670:4) and Kaf Hachaim (OC 670:8) write that this only applies for the first half hour.

R’ Shlomo Zalman Auerbach (Halichos Shlomo, Chanuka 16:n14) maintained that while one should avoid melachos such as laundry and sewing, one can fry latkes, etc. if necessary (see Ben Ish Chai, Vayeshev - Chanuka 1:27; Rivevos Ephraim 1:436; 3:163).

In conclusion, the minhag is for women to avoid doing housework for the first half hour that the menora is alight. It is preferable for men to do kitchen work then, rather than women.

Menora in Flats

Question: We live on the third floor in a block of flats. Where should we light our menora?

Answer: The Gemara (Shabbos 21b) teaches that one should light the menora outside the entrance to one’s home. However, one who lives in an attic should place their menora in the window facing the street. The Beis Yosef (OC 671:8) explains that if one placed the menora downstairs at the entrance to the house, it would not be clear that it belongs to those living in the attic.

The Mishna Berura (671:38; Shaar HaTziyun 671:42) writes that those who live in houses nowadays should ideally light in a window facing the street. Only if the window is higher than twenty amos from the ground, is it preferable to place at the entrance to the house.

However, the Pri Megadim (Mishbetzos Zahav OC 671:5) disagrees, arguing that as we light indoors, it does not matter if the window is twenty amos up from the ground outside. R' Shmuel Wosner (Shevet Halevi 4:65; 7:84) adds that even when one lights on a higher floor, it may be seen both by neighbours who live opposite, as well as those in one’s own flat (see Halichos Shlomo 14:5).

Similarly, R’ Yitzchak Yosef (Yalkut Yosef OC 671:20) writes that one who lives in a flat on a higher floor should light their menora in the window or in a glass box on their balcony.

In conclusion, one who lives in a flat should light in the window of their flat, even if it is over twenty amos up from the ground outside.

Communal Sefer Torah

Question: Our shul has commissioned a new sefer Torah. Can I fulfil the mitzva to write a sefer Torah by sponsoring one parsha?

Answer: Rambam (Sefer Hamitzvos Asei 18; Sefer Torah 7:1) writes that there is a mitzva mideoraisa to write a sefer Torah. The Rosh (Sefer Torah 1) writes that nowadays when people learn from sefarim rather than from sifrei Torah, the mitzva applies to chumashim, mishna and gemara. The Tur (YD 270:2) and Shulchan Aruch (YD 270:2) both pasken this way, but there is a machlokes as to whether this replaces the mitzva of writing a sefer Torah or not.

However, there is a machlokes as to how to understand the Rosh. The Prisha (YD 270:8) and Shach (YD 270:5) write that the mitzva no longer applies to writing sifrei Torah. As we no longer learn from them, it would be inappropriate for everyone to needlessly write one. Nonetheless, the Beis Yosef (YD 270:2) and the Taz (YD 270:4) write that writing other sefarim is one way to fulfil the mitzva, but it has not replaced the classic manner of writing a sefer Torah. The Vilna Gaon (YD 270:4) writes that this is the accepted view.

R’ Moshe Feinstein (Igros Moshe YD 1:163) writes that while one can fulfil the mitzva in either manner according to the Rosh and Shulchan Aruch, the primary fulfilment is through writing a sefer Torah. One can fulfil one’s obligation by joining in with others to buy a sefer Torah.

R’ Ovadia Yosef (Yabia Omer YD 10:29) quotes various poskim who write that there is a machlokes as to whether one can join in with others to fulfil this mitzva, quoting various poskim on each side, though he concludes that one may.

In conclusion, one fulfils the mitzva of writing a sefer Torah by sponsoring part of a communal sefer Torah.

Fallen Tallis

Question: My tallis falls off sometimes, especially when I am putting on my tefillin. Do I need to recite the beracha again?

Answer: The Beis Yosef (OC 8:17) writes that there is a machlokes among the rishonim as to whether one recites a new beracha upon replacing a fallen tallis. In the Shulchan Aruch (OC 8:15), he writes that one does recite a new beracha.

The Machatzis Hashekel (OC 8:20) and R’ Sholom Mordechai Schwadron (Maharsham 4:148) suggest that if one was wearing a tallis katan, then one should not recite a second beracha as the first beracha would apply to one’s tallis katan, too. However, the Mishna Berura (8:39) writes that it makes no difference whether one is wearing a tallis katan or not.

R’ Moshe Stern (Baer Moshe 6:9) quotes R’ Meir Arik (Imrei Yosher 2:9) who writes that if one feels their tallis fall off and intends to put it back on, one does not recite another beracha as there was never any hesech hadaas (distraction from the mitzva).

R’ Akiva Eiger (OC 8:26) adds that one only needs to recite a new beracha if it fell off after davening. While one is davening, it is assumed that there was no hesech hadaas. Similarly, the Magen Avraham (25:21) quotes the Shelah who explains that we no longer recite a new beracha upon straightening tefillin as when davening one is considered to be occupied in the mitzva of tefillin (see Mishna Berura 25:44).

The Kaf Hachaim (OC 8:58) writes that due to the machlokes we follow the rule safek berachos lehakel, we are lenient with regards to berachos. Therefore, one does not repeat the beracha (see Pri Megadim, Mishbetzos Zahav OC 8:14). Likewise, R’ Shlomo Zalman Auerbach (Tefilla 3:14) maintains that one does not repeat the beracha unless it fell off after davening and one wants to keep wearing it.

In conclusion, if one’s tallis falls off during davening, one should replace it without repeating the beracha.

Mezuza on a Garage

Question: Do I need to affix a mezuza to my garage? If so, do I recite the beracha?

Answer: The Gemara (Yuma 11a) teaches that there is a machlokes as to whether storehouses require a mezuza.

Rambam (Tefillin, Mezuza Vesefer Torah 6:7) writes that storage houses containing wood and grain, etc. do not require a mezuza. Nonetheless, the Rosh (Mezuza 15), Tur (YD 286:1) and Shulchan Aruch (YD 286:2) writes that one is obligated to affix a mezuza to such rooms (with a beracha).

The Aruch Hashulchan (YD 286:8-9) questions why we recite a beracha, though notes that this is accepted practice.

R’ Moshe Stern (Baer Moshe 2:82) writes that garages only require mezuzos if they are also used for storage. R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 10:96:2) and R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:647) write that one only says a beracha on a garage that is attached to the house, thereby serving as an entrance to the house.

Nonetheless, R' Binyamin Zilber (Az Nidberu 3:58) writes that R’ Moshe Feinstein and R’ Yosef Eliyahu Henkin maintained that a garage requires a mezuza regardless as to whether it is connected to the house or freestanding. Similarly, R’ Menashe Klein (Mishne Halachos 6:189:4) writes that storehouses require mezuzos. As this halacha is not well known, one must ensure that they know about it.

In conclusion, one should affix a mezuza to a garage with a beracha.

Factory Bread in the Aseres Yemei Teshuva

Question: I usually buy commercially baked bread with a hechsher from my local supermarket. Do I need to avoid eating such bread during the aseres yemei teshuva?

Answer: The Mishna (Avoda Zara 35b) teaches that we must not eat pas akum, bread baked by a non-Jew. The Gemara explains that Chazal instituted this in order to prevent assimilation with non-Jews. Tosafos writes that according to the Yerushalmi, the ban on bread was lifted, as it was too restrictive to limit such a staple food.

The Shulchan Aruch (YD 112:2) writes that while one may never buy bread from a non-Jewish ‘home baker’, one may buy from a commercial baker (pas palter) when there is no local Jewish baker. Nonetheless, the Rema (ibid; Toras Chatas 75:1) writes that one may buy pas palter even when there is a local Jewish baker (see Kitzur Shulchan Aruch 38:1; Aruch Hashulchan YD 112:17). Thus, R’ Moshe Feinstein (Igros Moshe YD 2:33) writes that one may eat factory bagels if they prefer them to the local bakery. R’ Ephraim Greenblatt (Rivevos Ephraim 5:596) writes that R’ Moshe Feinstein maintained that bread baked in modern factories can be eaten, and would not even be considered pas palter. Nonetheless, R’ Shmuel Wosner (Shevet Halevi 6:108:6) writes that the Chazon Ish argued that it is preferable to buy from one’s local Jewish baker.

The poskim write that one should be meticulous in their observance during the aseres yemei teshuva (See Baer Heitev OC 603:1). Thus, the Shulchan Aruch (OC 603:1) writes that one who eats pas palter during the year, should refrain from eating it during the aseres yemei teshuva. Seemingly, R’ Moshe Feinstein would allow one to eat commercially baked bread during the aseres yemei teshuva, though others, including R’ Shmuel Wosner would not.

The Aruch Hashulchan (OC 603:2) warns against taking on certain chumros during this time, as doing so may necessitate that they continue observing it. Instead, he urges that one examine their actions and do teshuva.

In conclusion, it is preferable to avoid buying commercially baked bread during the aseres yemei teshuva, though if faced with no choice, one may buy it.

Grinding Coffee on Yom Tov

Question: I usually grind my coffee by hand every morning. Am I allowed to do so on Yom Tov?

Answer: The Shulchan Aruch (OC 495:2) writes that it is assur miderabanan to grind food on Yom Tov, though the Mishna Berura (504:1) notes that according to some poskim it is assur mideoraisa.

The Shulchan Aruch (OC 504:1) writes that one may not use a commercial mill, as that is considered to be uvdin dechol, a mundane, weekday activity. However, one may grind spices on Yom Tov so as to have fresh spices. One may only grind salt with a shinui, as salt does not lose its freshness from one day to the next. Therefore, the Mishna Berura (504:9; Biur Halacha 504:1) writes that one must not grind coffee in a large mill, though one may use a small grinder.

The Rema adds that one should use a shinui when grinding spices, too. Thus, the Mishna Berura (504:19) suggests that when grinding coffee, one could grind the beans straight onto a napkin rather than into a bowl. However, he stresses that one must only grind enough coffee for that day (see Shemiras Shabbos Kehilchasa 7:3).

While the Kaf Hachaim (OC 504:3) follows the Rema, R’ Ovadia Yosef (Yabia Omer OC 4:45:2) follows the Shulchan Aruch and writes that one may grind coffee in a small grinder even without a shinui.

In conclusion, one may grind coffee beans in a coffee grinder on Yom Tov. One should do so with a shinui and ensure that they are not grinding more than enough for that day.

Seeing the Sea

Question: I live in Yerushalayim and I have not seen the sea in over thirty days. I am going to Netanya and will see the sea. What beracha should I say?

Answer: The Mishna (Berachos 54a) teaches that upon seeing the ocean one recites the beracha, ..oseh maase bereishis. When one sees the ‘yam hagadol’, one should recite ..oseh hayam hagadol instead.

The Shulchan Aruch (OC 228:1) writes that ‘yam hagadol’ refers to the Mediterranean. The Mishna Berura (228:2) explains that the Mediterranean is considered great due to its proximity to Eretz Yisrael.

However, the Rosh (Teshuvos 4:4) writes that ‘yam hagadol’ refers to the Atlantic Ocean. The Mishna Berura (ibid.; Shaar Hatziyun 262:2) quotes the Rosh, among other acharonim, and writes, therefore, that one says oseh hayam hagadol upon seeing the Atlantic Ocean (or Pacific Ocean, etc.).

Nonetheless, the Aruch Hashulchan (OC 228:4) and Kaf Hachaim (OC 228:5) write that due to the safek as to which sea is the yam hagadol, one should only ever recite oseh maase bereishis, regardless as to which sea one sees.

R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 1:11) writes that one says oseh hayam hagadol upon seeing the Atlantic Ocean. Upon seeing the Mediterranean, one could say ..oseh maaseh bereishis and then add the words sheasa es hayam hagadol, thereby following the Shulchan Aruch, too (see Halichos Shlomo, Tefilla 23:29).

In conclusion, upon seeing the Mediterranean Sea, one could say ..oseh maaseh bereishis and then add the words sheasa es hayam hagadol.

Collective or Individual Gomel

Question: Our family has just returned from a holiday abroad. Should each of us bench gomel individually, or can one person recite it on behalf of everyone?

Answer: The Shulchan Aruch (OC 219:5) explains that if one person recites beracha of hagomel, others who hear it can fulfil their obligation through listening, even if they do not respond ‘amen.’ However, this only applies if the person reciting the beracha intends to fulfil the obligation on behalf of those listening, and the listeners intend to fulfil their obligation in this way.

The Shulchan Aruch Harav (OC 167:18) states that it is generally preferable for one person to recite the beracha on behalf of others, rather than everyone reciting it individually, in keeping with the principle of berov am hadras melech, that mitzvos are more glorified when performed with greater communal participation (Berachos 53a; Yoma 70a; Megilla 27b, et al.). However, when it comes to berachos before eating, it is customary for each person to recite their own beracha, as people are not always diligent about avoiding interruptions between the beracha and the act of eating.

The Mishna Berura (8:13; 223:12) further explains that not everyone is knowledgeable enough to have the proper intention to fulfil either their own obligation or that of others when listening to a beracha.

The Piskei Teshuvos (219:17) advises that each individual who has travelled should personally recite the beracha of hagomel. One person should only recite the beracha on behalf of others if they all experienced the same specific incident together (see R’ Akiva Eiger OC 219:5).

In conclusion, each person who has travelled should recite the beracha of hagomel individually, rather than relying on one person to say it on behalf of the group.

House Minyan on Friday Night

Question: We daven in someone’s house on Friday night for a few weeks during the summer. There was a debate as to whether we should be saying magen avos or not. Should we be saying it?

Answer: The Gemara (Shabbos 24b) teaches that Chazal instituted saying the beracha of me’ein sheva (magen avos) on Friday night because of safety. Rashi explains that the shuls were typically not situated in residential areas. Saying this tefilla ensured that anyone who came late had time to catch up so that everybody could leave together. The Vilna Gaon (OC 268:13) adds that one who missed the amida could listen to the chazan say the beracha of me’ein sheva instead.

Therefore, the Mordechai (Shabbos 284) and the Tur (OC 268:8 quoting the Raavya) write that one praying at home should not recite this beracha. The Beis Yosef (OC 268:8 quoting the Mordechai and the Ri) adds that one who does so has said a beracha levatala. The Rivash (40), Radbaz (1092) and Beis Yosef (OC 268:10) extend this to temporary minyanim. Thus, the Shulchan Aruch (OC 268:10) writes that a minyan that gathered for a shiva or a chassan would omit it. The Magen Avraham (268:14) writes that one should not criticize such a minyan that does say it. Nonetheless, the Pri Megadim (Mishbetzos Zahav 268:8) and Mishna Berura (268:25) write that if such a minyan recited it, they would be saying a beracha levatala.

There is a machlokes, however, about how to define a proper minyan in this regard (see Taz OC 268:8). The Elya Rabba (268:19) and the Mishna Berura (268:24) write that it must be a regular minyan, and there must be a Sefer Torah present. However, R’ Moshe Feinstein (Igros Moshe OC 4:69) and R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 10:21) disagree, writing that one would say it in a regular minyan regardless.

The Ben Ish Chai (Vayera 2:10; Rav Pealim OC 3:23) and Kaf Hachaim (OC 268:50) write that there are Kabbalistic reasons for saying this beracha, and therefore one would even recite it in a one-off minyan (See Yabia Omer OC 2:29:7). R’ Zvi Pesach Frank (Har Tzvi OC 1:152) notes that this was the minhag in Yerushalayim.

In conclusion, many Sefardim recite me’ein sheva even when davening outside of a shul. Ashkenazim should only do so when davening in a shul or a regular minyan.

Playing with Food

Question: I am a madrich (counsellor) over the Summer and have been asked to create stamps out of potatoes with the children. Is this allowed?

Answer: The Torah (Devarim 20:19) prohibits soldiers in battle from destroying fruit trees. Rambam (Melachim 6:8) writes that this applies to destroying all fruit trees as well as blocking up essential water supplies. Rambam adds (6:10) that this prohibition also applies to destroying kelim (containers, such as plates), tearing clothes, demolishing buildings and destroying food unnecessarily. The acharonim debate as to whether destroying these other things is prohibited mideoraisa or miderabanan (See Mishna Lamelech, Melachim 6:8; Torah Lishma 400; Yabia Omer YD 5:12).

The Shulchan Aruch (OC 171:1) writes that one may use food for non-eating purposes providing that one is not doing so in an abhorrent manner. The Magen Avraham (171:1) explains that if one is utilising it for any practical use then this is considered to be appropriate. Thus, one may wash one’s hands with other drinks if necessary.

However, the Mishna Berura (171:4; Biur Halacha 171:1) writes that one may only use the food for another use if it is typically used in such a manner (derech haolam). Nonetheless, the Aruch Hashulchan (OC 171:2) disagrees, writing that any practical use is acceptable. Therefore, one may use wine to clean stains, etc.

R’ Yisrael Yaakov Fisher (Even Yisrael 9:63) writes that we pasken like the Magen Avraham. Therefore, one can hollow out potatoes to make candles and carve them to make stamps.

In conclusion, it is acceptable to use food items for crafts, such as making potato stamps.

Eating Shiurim on Tisha B’Av

Question: I take regular medication and have managed successfully to fast on Yom Kippur by eating a small piece of cake and a shot of juice with my pills. What do I do on Tisha B’Av?

Answer: A choleh she'ain bo sakana is defined as one who is confined to bed as a result of their illness (See Shulchan Aruch and Rema OC 328:17). The Shulchan Aruch (OC 618:7) and Mishna Berura (618:18) explain how one in this category should eat shiurim (less than a kezayis in a short amount of time) on Yom Kippur.

The Aruch Hashulchan (OC 554:7) writes that there is no concept of shiurim on Tisha B'Av. Likewise, the Mishna Berura (554:16) writes that Tisha B'Av is like any other Rabbinical fast whereby a choleh she'ain bo sakana should break their fast. However, in the Biur Halacha (554:6), he writes that if they can manage to eat in shiurim on Tisha B'Av they have not technically broken their fast.

R' Avraham Avraham (Nishmat Avraham OC 554:5:1) quotes R’ Shlomo Zalman Auerbach and R’ Shmuel Wosner who explain that only one who is eating to prevent becoming ill should utilise shiurim. However, one who is ill should eat normally. He quotes the Sdei Chemed (Bein Hametzarim 2:3) who writes that one must listen to medical advice rather than decide oneself.

In conclusion, one who is ill (choleh she'ain bo sakana) should not fast at all on Tisha B’Av. However, one may eat a little bit of food (shiurim) in order to prevent oneself from becoming ill, though one must consult with a Rabbi and doctor before doing so.

Getting a Second Opinion

Question: I asked my rav about fasting on shiva asar betammuz and he told me that I should not fast. I then went and asked a second rav and he told me that I should. What should I have done?

Answer: The Gemara (Avoda Zara 7a) teaches that after asking one Rabbi whether something is permissible, and being told that it is prohibited, one may not approach a second Rabbi to ask him if it is permissible. Elsewhere, the Gemara (Nidda 20b) teaches that one Rabbi may not give a different ruling to one who had previously asked another Rabbi.

There are different reasons given for this prohibition. Rashi (Nidda 20b) explains that the second Rabbi must act respectfully towards the first Rabbi. Tosafos (Nidda 20b) adds the prohibition is specifically on the Rabbi. However, other poskim understand that the prohibition is primarily on the one asking. The Rosh (Avoda Zara 1:3) and Raavad (quoted by the Ran, Avoda Zara 7a) explains that when the first Rabbi paskens that an item is assur, it becomes assur, and the second Rabbi cannot undo this (unless the first Rabbi was mistaken). The Ran adds that when one receives a second ruling, it may appear as if there are two separate laws, and the Torah is inconsistent, God forbid.

Tosafos (Avoda Zara 7a) and the Rema (YD 242:31) write that the prohibition only applies if one did not tell the second Rabbi that they initially consulted with another Rabbi. If one mentioned that one had already asked a Rabbi, then it is permissible to ask a second Rabbi. If the second Rabbi has a different opinion, though the first Rabbi was not mistaken, the second Rabbi should discuss it with the first Rabbi, rather than undermine him (See Betzel Hachachma 6:29).

In conclusion, one may only ask a Rabbi for a second opinion, if they tell the second Rabbi that they already asked the question to another Rabbi.

Not Fasting

Question: After consultation with my Doctor and Rabbi, I will not be fasting on Tisha B'Av or the other Rabbinical fasts. As one of the few kohanim in my Shul, I often get an aliya. Can I receive an aliya?

Answer: The Shulchan Aruch (OC 566:6) writes that the practice is that one who is not fasting should not receive an aliya on Tisha B'Av. The Magen Avraham (566:8) argues that if the taanis falls on a Monday or Thursday, one may be called up during Shacharis, as there would have been leining that day, regardless. Nevertheless, the Mishna Berura (566:19) notes that other acharonim maintain that one who is not fasting should not receive an aliya even on Monday or Thursday.

Following a personal incident when he had to eat, the Chasam Sofer (OC 157) writes that this halacha does not apply on Tisha B’Av. Just as one does not go looking for a kohen who has not eaten bread to lead the bentching, so too we are not obligated to honour a kohen who is not fasting with the first aliya. This does not prevent one who has eaten from receiving an aliya, however. Additionally, the leining on a taanis tzibbur applies to the whole community, regardless as to whether one is fasting or not. Even one who must eat, must still not eat more than necessary, and must observe the other restrictions.

Nonetheless, the Mishna Berura and Aruch Hashulchan (OC 566:11) disagree, writing that aliyos should only be given to those fasting (See Rivevos Ephraim 3:382:2). However, if one did receive an aliya, they should go up, as while this is a minhag, there is no prohibition involved.

In conclusion, one who is not fasting should try not to get called up for an aliya. If he is the only kohen, he should leave the Shul to allow a Yisrael who is fasting to be called up instead.

Wool Tzitzis

Question: I find it very uncomfortable to wear wool tzitzis in the Summer. Can I wear cotton or polyester ones instead?

Answer: The Gemara (Menachos 39b) cites a machlokes as to whether the obligation to attach tzitzis to a silk garment is mideoraisa or miderabanan. Rambam (Tzitzis 3:1, 2) and the Shulchan Aruch (OC 9:1) write that only wool and linen garments are obligated mideoraisa, while the Rema writes that all garments are obligated mideoraisa.

The Levush (10:4) and Shulchan Aruch Harav (OC 10:7) explain that a non-woven garment is not considered to be a begged.

While Ashkenazim generally follow the Rema, the Shulchan Aruch Harav (OC 9:4) and the Mishna Berura (9:5) write that it is best to wear wool tzitzis in order to fulfil the mitzva according to all opinions. R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 3:n25) adds that one fulfils the mitzva even if one is a little uncomfortable wearing them in the Summer (See Teshuvos Vehanhagos 1:18).

R’ Moshe Feinstein (Igros Moshe OC 1:2; 2:1) writes one should try their utmost to wear wool tzitzis. Just as leather does not require tzitzis as it is not considered to be a begged, nor do garments made from synthetic materials. However, R’ Zvi Pesach Frank (Har Zvi 1:9) and R’ Shlomo Zalman Auerbach (See Halichos Shlomo, Tefilla 3:n25), disagree, writing that if the material is woven, it is different from leather, and will require tzitzis. R’ Eliezer Waldenberg (Tzitz Eliezer 12:3) writes that while such a garment would require tzitzis, one should not recite a beracha over wearing such a pair.

In conclusion, one should try one’s utmost to wear wool tzitzis. One could wear cotton tzitzis if necessary, though should only wear polyester tzitzis as a last resort.

Shema Before Shacharis

Question: In the Summer, I typically daven Shacharis too late to recite the Shema before it is too late. Do I need to say all three paragraphs before Shacharis, or just the first line?

Answer: The Mishna (Berachos 9b) teaches that there is a machlokes regarding the latest time to recite the Shema. The Gemara (Berachos 10b) clarifies that the halacha follows R’ Yehoshua, who states that it must be recited before the ‘third hour’. There is a machlokes between the Magen Avraham and the Vilna Gaon as to how to calculate this time (see Mishna Berura 58:4).

The Gemara (Berachos 13a) further teaches that one is obligates to recite three paragraphs when reciting the Shema. However, there is a machlokes among the rishonim as to whether reciting all three is a chiyuv mideoraisa. Ramban (Milchamos Hashem, Rosh Hashana 7a) and the Sefer Hachinuch (420) write that only the first passuk is mideoraisa, while Rashi (Berachos 20b) and the Yereim (13) maintain that the entire first paragraph is mideoraisa. The Aruch Hashulchan (OC 58:15) cites poskim who hold that the first two, or even all three paragraphs, are mideoraisa.

Thus, the Rema (OC 46:9) writes that it is ideal to recite the first line of the Shema followed by ‘baruch shem’ at the beginning of davening to ensure one does not miss the latest time to recite the Shema. The Shulchan Aruch Harav (OC 46:9) advises reciting the first paragraph. Nonetheless, the Mishna Berura (46:31) quotes the Pri Chadash (OC 46:9) and Chayei Adam (1:8:7), who maintain that one should ideally recite all three paragraphs. R’ Ovadia Yosef (Yabia Omer OC 8:6) notes that while most rishonim hold that only the first line is mideoraisa, one may interrupt pesukei dezimra to say all three paragraphs if necessary.

R’ Avraham Yeshaya Pfoifer (Ishei Yisrael 18:17) writes that ideally one should recite all three paragraphs. If necessary, one could just recite the first paragraph. One who was really pressed for time could just say the first line of the Shema followed by ‘baruch shem’.

In conclusion, if one thinks they may not be able to recite the Shema in Shacharis before sof zeman kerias Shema, they should ideally recite all three paragraphs during the korbanos or before Shacharis.

Interrupting Friday Night Dinner for Shema

Question: When we take Shabbos in early during the summer, should we recite kerias shema before birkas hamazon on Friday night, or wait until after the meal?

Answer: The Shulchan Aruch (OC 235:2) writes that one must not sit down for a meal within half an hour of tzeis hakochavim, nightfall. If one did so, they must stop to recite kerias shema, though one can wait to say the rest of maariv. The Mishna Berura (235:21) explains that one would only need to stop eating for mitzvos mideoraisa. As the berachos of Shema are miderabbanan, one can wait to recite them.

Thus, the Rema (OC 489:4) writes that one who started the meal within half an hour of nacht must also interrupt to count the omer as there are rishonim who maintain that it is a mitzva mideoraisa even nowadays (See Mishna Berura 489:25).

Rambam (Kerias Shema 2:6) writes that it is praiseworthy to recite the shema in the middle of their meal if one is concerned that it will be too late to recite it afterwards (See Shulchan Aruch Harav OC 70:5).

However, the Shaagas Aryeh (21) argues that one must always interrupt a meal to recite kerias shema following the rule of tadir ve’sheino tadir, tadir kodam, the mitzva that we do most often takes precedence. One only needs to bentch after bread on Shabbos, though one is obligated to recite the shema every morning and night. He writes that this rule applies equally whether the mitzvos are mideoraisa or miderabannan. Therefore, it makes no difference as to whether counting the omer nowadays is mideoraisa or miderabannan; as it is less frequent than bentching on Shabbos, one should count after the meal.

In conclusion, if one mistakenly began their meal within half an hour of tzeis, they must interrupt their meal to recite kerias shema when it is nacht. One who started eating earlier may interrupt their meal if they are concerned that they may forget to say the shema. Otherwise, they can wait until after they have benchted.

Someone Else’s Umbrella

Question: I accidentally took someone else’s umbrella in shul leaving mine behind. Could I have used it again to bring it back to shul the next morning?

Answer: The Gemara (Bava Metzia 43b) teaches that there is a machlokes as to the status of one who borrows an item without prior permission. Elsewhere, the Gemara (Bava Basra 46a) teaches that one who took the wrong clothes from a craftsman in error may use them until they are exchanged with the rightful owners. However, one who took the wrong clothes home from a shiva house or chasuna may not use them.

The Rema (CM 136:2) adds that one must return the items that one took to the rightful owner even if one does not receive their own items.

However, the Aruch Hashulchan (CM 136:2) writes that the accepted practice in populated areas is that one who accidentally took someone else’s overshoes may use them in the meantime, until they are exchanged with the rightful owners. As this is the accepted practice, it is not considered to be stealing.

R’ Moshe Feinstein (Igros Moshe OC 5:9:7) extends this to coats and other items that people mistakenly take, and advises that shuls adopt this as a matter of policy, allowing people to use theirs if taken by accident. If it transpires that the owner did not take theirs, they must offer to compensate the owner for the use of their clothing (See Mishne Halachos 5:276; Shevet Halevi 6:238).

R' Moshe Sternbuch (Teshuvos Vehanhagos 1:818) writes that one who may use an umbrella that one accidentally took home. People are typically not too bothered about lending umbrellas out to others and are happy for it to be replaced if necessary (See Minchas Yitzchak 8:146).

In conclusion, one who accidentally takes another’s umbrella home may continue to use it until they find the rightful owner. They are liable for any damage that may occur, and to replace it if necessary.

Davening in Front of a Picture

Question: I sometimes daven in a shul hall where they have a big picture of their Rabbi on the back wall. Is this an issue?

Answer: The Gemara (Berachos 5b) teaches that one must ensure that there should not be any chatzitza, barrier, between one davening and the wall. The Beis Yosef (OC 90:21) explains that this does not apply to furniture such as tables and benches, but to wall hangings and pictures that may distract one in their tefilla. Therefore, Rambam (Teshuvos 215) writes that this applies equally to paintings on the wall. One who finds themselves in front of a picture should close their eyes or look into their siddur while davening (See Shulchan Aruch OC 90:23; Mishna Berura 90:63).

The Magen Avraham (90:37) adds that one may paint onto the wall that is high above one’s heads where it will not disturb anyone davening. The Aruch Hashulchan (OC 90:28) defines this as three amos.

The Tur (YD 141:14) writes that one should be careful not to include pictures of animals in a shul as one may get the wrong impression that one is bowing down to them. R' Moshe Feinstein (Igros Moshe YD 2:55) writes that the minhag to place a picture of a lion on the aron hakodesh is acceptable. Nonetheless, the Aruch Hashulchan adds that this prohibition is particularly true with pictures of people.

Nonetheless, the Mishna Berura (ibid.) notes that this is not strict halacha, and if one is in a room with pictures, one does not need to find a different place to daven.

In conclusion, one should not place pictures of people in shuls. One may daven in a room with such pictures hanging, particularly if one is not facing them. If one is facing the picture, they must try to close their eyes or look into their siddur while davening.

Bentching over Wine

Question: Our second son recently turned bar mitzva and so we now have a zimun. Is it necessary to bentch over a kos of wine each time?

Answer: The Gemara (Pesachim 105b) teaches that one should bentch with a kos of wine. There is a machlokes among the rishonim as to when this applies.

Tosafos (Pesachim 105b) quotes the Rashbam and Midrash (Shocher Tov 3:8) who maintain that even one eating alone must not bentch without wine. The Tur (OC 182) writes that we follow Tosafos and adds that one who does not have wine for bentching, should not wash for bread.

The Hagahos Maimonios (Berachos 7:60) and Kol Bo (25) write that according to others, this only applies when one has a zimun of (at-least) three. Tosafos (ibid.) notes that this is the practice.

Nonetheless, Rambam (Berachos 7:15), the Rif (Pesachim 105b) and the Rashba (Berachos 52a) write that this is not an obligation, regardless of how many people are bentching.

The Shulchan Aruch (OC 182:1) records all of these opinions. The Rema adds that it is meritorious to bentch over wine. The Mishna Berura (128:1) writes that although the Shulchan Aruch does not determine how we pasken, it is considered meritorious to do so, but only when one has a zimun. R’ Moshe Feinstein (Igros Moshe OC 4:69:1) writes that the halacha follows Rambam and that the Rif, and there is no requirement to bentch over wine. The Aruch Hashulchan (OC 182:1) notes that people are not particular to bentch over a kos, particularly as wine is so expensive. Nonetheless, it is commendable to do so on Shabbos and Yom Tov.

In conclusion, it is not necessary to bentch over wine when one bentches with a zimun, but it is commendable to do so, particularly on Shabbos and Yom Tov. 

Shaving for a Wedding in the Sefira

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 493:8; Kaf Hachaim OC 493:13).

R' Yitzchak Yaakov Weiss (Minchas Yitzchak 4:84) writes that one observing ‘one half’ of the omer can attend a chuppa during that half, but should not participate in the chasuna.

However, R’ Yaakov Kamenetsky (Emes L’yaakov OC 493:n465), R’ Moshe Feinstein (Igros Moshe OC 1:159; 2:95) and R’ Shlomo Zalman Auerbach (Pesach 11:19) allow one to attend the chasuna and participate normally. As it is permissible for the chassan and kalla, everyone may participate.   

However, R’ Moshe Feinstein writes, that one attending a wedding may only shave if he would be too embarrassed to go unshaven. Had he been invited before the omer, he should have rather kept the other half so as not to have to rely on this leniency.

In conclusion, one may attend a wedding even while observing the omer, though one should not ordinarily shave. One who is embarrassed to go unshaven may do so, if necessary, though had they known in advance, they should have chosen to observe the ‘other half’ of the omer.

Forgot to Make Eruv Tavshilin

Question: I arrived at Shul and realised that I had forgotten to make my eruv tavshilin. Should I have just relied on my Rav to have made eruv tavshilin on my behalf?

Answer: The Shulchan Aruch (OC 527:7) writes that the Rav should make an eruv on behalf of anyone in his community who forgets or loses theirs. However, one cannot rely on this instead of choosing to make one. One who forgets two consecutive times is no longer considered accidental and it would not help to rely on this (Baer Heitev OC 527:6).

If one arrived in shul and realized that they had forgotten to make an eruv before Yom Tov, they should go home if they can still make one before Yom Tov. Alternatively, one may call home and ask someone else (such as one’s wife) to do so on their behalf. The Tiferes Yisroel (Beitza 2:1) writes that one can designate food that they have at home, and omit the words behadein eruva, with this eruv. However, R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 7:36) writes that this will not work. One who does so would be in violation of sating a beracha levatala as well as cooking on Yom Tov for Shabbos.

The Mishna Berura (527:4) writes that one who forgot to make his eruv before shekia may do so (even with a beracha) during bein hashemashos (the period of time between shekia and tzeis hakochavim, nightfall). This would not apply once the shul had begun davening maariv or he had otherwise accepted Yom Tov upon himself.

In an emergency, the Shulchan Aruch (OC 527:22) even allows making one under strict conditions on the first day of Yom Tov (in chutz la’aretz), though this does not apply on Rosh Hashana (as there is no safeik deyoma).

In conclusion, while the Rav should make eruv tavshilin on behalf of others, that should only be relied on in emergency situations. One who came to shul and realised that they had forgotten should go home to make it or contact someone at home to do so on their behalf.

Early Blossom

Question: I have a fruit tree that has started blossoming. Do I need to wait until the month of Nissan to recite the beracha on blossom? Does it matter that I have already seen the blossom, or can I still recite the beracha?

Answer: The Gemara (Berachos 43b) teaches that one should recite a beracha on a tree when it blossoms in the month of Nissan. The Shulchan Aruch (OC 226:1) writes that this beracha can only be recited once a year.

According to some poskim (Halachos Ketanos 2:28; Kaf Hachaim OC 226:1) the beracha should only be recited in the month of Nissan, though most poskim (Ritva, Rosh Hashana 11a; Mishna Berura 226:1; Aruch Hashulchan OC 226:1; Tzitz Eliezer 12:20:3) write that one should say it whenever when one first sees the blossom. R’ Ephraim Greenblatt (Rivevos Ephraim 5:173) writes that he witnessed R’ Moshe Feinstein say the beracha in Iyar.

Thus, R’ Ovadia Yosef (Yabia Omer OC 8:8:4; Yechave Daas 1:1) writes that one should ideally wait until Nissan to recite the beracha, though one can still do so afterwards. R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 10:16) writes that where trees blossom at different times, such as in Australia, one recites the beracha then (See Har Zvi OC 1:118; Teshuvos Vehanhagos 1:190).

While the Kaf Hachaim (OC 226:9) writes that one can only recite the beracha upon first seeing the blossom, most poskim (Machatzis Hashekel 226; Shaar Hatziyun 226:3; Halichos Shlomo, Nissan 2:5) write that one can recite it later if necessary.

In conclusion, one can say the beracha upon seeing blossom on a fruit tree even before the month of Nissan, though some are particular to wait for Kabbalistic reasons.

 

Separate Minyan for Yahrzeit

Question: It is my father’s yahrzeit on Sunday, though there is another avel in my shul. Can I make a separate minyan on Motzaei Shabbos in my home?

Answer: The Gemara (Berachos 6a) teaches that tefilla is best accepted when davening in shul. One who chooses not to daven in their local shul is considered to be a ‘bad neighbour’ (ibid. 8a). Rambam (Tefilla 8:1) and the Shulchan Aruch (OC 90:11) codify this Gemara as halacha, though the Magen Avraham (90:15) adds another reason. The Gemara (Berachos 53a; Yoma 70a; Megilla 27b, et al.) teaches that berov am hadras melech, it is preferable to perform mitzvos with a large presence. Therefore, even when one can daven with a minyan in their home, one should still go to shul.

The Mishna Berura (90:38) adds that one should strive to daven in shul even if there is no minyan there. While one may not be considered a bad neighbour, nonetheless, a home minyan is not ideal as davening in a shul (See Shaarei Teshuva 90:4).

R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:127) writes that berov am hadras melech is both a mitzva and a zechus, which takes precedence of the minhag for one to daven on a relative’s yahrzeit. While splitting the minyan into two would accommodate two chiyuvim, that would not justify davening outside of a shul.

In conclusion, one should rather daven in shul rather than a minyan at home, even if it means not being able to be chazzan on a yahrzeit. Indeed, the Gemara (Berachos 8a) teaches us that being meticulous to attend shul properly leads to long life.

Rainbow Blessings

Question: Is it true that one should not tell others when they see a rainbow?

Answer: The Gemara (Berachos 59a) teaches that one recites a beracha upon a seeing a rainbow, recalling the bris that Hashem made with Noach, and His assurance that the world would never undergo such a mabul again. The Shulchan Aruch (OC 229:1) writes that one should not stare at the rainbow (See Beis Yosef OC 229:1 where he quotes the Rosh). The Gemara (Chagiga 16a) teaches that looking at a rainbow is considered disrespectful to Hashem and that doing so can weaken one’s eyesight. The Pri Megadim (Eshel Avraham OC 229:2) asks why the Magen Avraham (229:2 and Baer Hetiv OC 229:2) quotes the Shela as saying this when this teaching can be found in the Gemara.

Thus, the Mishna Berura (229:5), Aruch Hashulchan (OC 229:2) and Kaf Hachaim (OC 229:5) stress that one should look briefly and then recite the beracha.

The Chayei Adam (63:4) writes that he once saw in a sefer that one who sees a rainbow should not tell their friend as it is akin to reporting bad news (See Mishna Berura 229:4). He adds that he does not remember where he read this, however. Nonetheless, the Mishna Berura (229:1) and Kaf Hachaim (OC 229:1) quote this unequivocally.

However, the Sefer Chassidim discusses whether it is appropriate to leave shul during chazaras hashatz when hearing about a rainbow, without any mention of such restrictions. R’ Moshe Cohen (Bris Kehuna OC 100:4) argues that one should tell others when they see a rainbow. Rather than being seen as something negative, the rainbow should inspire us to be grateful for being spared. Additionally, by telling others, one is giving them an opportunity to recite a beracha (See Yalkut Yosef OC 229:1).

In conclusion, while many refrain from telling others when they see a rainbow, there are compelling reasons to do so.

Bar Mitzva and Yartzheits in a Leap-Year

Question: Our son was born in Adar and he turns thirteen during a leap-year. I was always under the assumption that he turns Bar Mitzva in Adar Sheni, but we were told to observe a relative’s yartzheit in Adar Rishon. Are they not the same?

Answer: There is a machlokes among the Rishonim as to whether ‘Adar’ during a leap-year generally refers to Adar Rishon or Adar Sheni. Rambam (Nedarim 10:6) writes that ‘Adar’ refers to Adar Sheni (See Kesef Mishna), while the Ran (Nedarim 63b) and Rosh (Nedarim 63a) write that it refers to Adar Rishon.

The Mishna Berura (427:3) writes that for the sake of clarity the chazan should ideally announce ‘Adar Rishon’ during mevarchim hachodesh.

When one’s relative passes away during one of the Adar’s in a leap year, the yahrzeit is observed during that same month in a leap year; either Adar Rishon or Adar Sheni. However, when one’s relative passes away during Adar in a non-leap year, there is a machlokes as to which month the yahrzeit should be observed in. The Shulchan Aruch (OC 568:7) writes that it should be observed in Adar Sheni. The Kaf Hachaim (OC 568:76) notes that this is the main Sefardi practice (See Bach YD 2201:12; Shach YD 220:16). Nonetheless, the Shulchan Aruch (CM 43:28) writes that in legal documents, it is presumed to be Adar Rishon.

The Rema (YD 402:12; OC 427:1; 568:7 quoting the Terumas Hadeshen 294; Mahari Mintz 9) disagrees, writing that it should be observed in Adar Rishon. (See Mateh Moshe 766; Chochmas Adam 171:11; Gesher Hachaim 32:10), though notes (OC 568:7) that some observe both (See Mishna Berura 568:42; Chassam Sofer OC 163; Tzitz Eliezer 22:39).

The Rema (OC 55:10) writes that a boy born in Adar in a non-leap year must wait until Adar Sheni to be considered Bar Mitzva as only then is he thirteen halachic years old.

In conclusion, a boy born in Adar in a regular year must wait until Adar Sheni to celebrate his Bar Mitzva. Sefardim typically observe yartzheits of those who pass away in Adar in a regular year, in Adar Sheni, while Ashkenazim typically do so in Adar Rishon.

Torah On Display

Question: I am always confused as to how exactly to do hagbah and so always refuse to do it if asked. Is there a particular way to open the Torah and turn?

Answer: The Gemara (Megilla 32a) teaches that the honour of gelilah is equal to all of the other honours. The Shulchan Aruch (OC 147:1) adds that this honour is typically auctioned to the highest bidder. The Mishna Berura (147:5) writes that this applies to the way we do hagbah today, and notes that it is no longer treated this way. Ramban (Devarim 27:26) writes very strongly about the importance of performing the mitzva of hagbah and gelilah properly.

The Magen Avraham (134:3) quotes Maseches Sofrim (14:14) which writes that the Torah should be opened three columns and shown to everyone as there is a mitzva for everyone to see and bow towards it. The Kitzur Shulchan Aruch (23:25) and R’ Betzalel Stern (Betzel Hachachma 5:54) write that it should specifically be opened three columns. The Mishna Berura (134:8) writes that one capable of safely opening it more should do so. The seam connecting the pages should be in the middle (See Shulchan Aruch OC 147:3; Aruch Hashulchan OC 147:13).

The Mishna Berura (134:9) adds that one should turn in a clockwise direction. One should turn slowly, allowing everyone to see the Torah.

In conclusion, one should open the Sefer Torah at least three columns, and turn slowly in a clockwise direction, allowing everyone to see the writing.

Mussaf Before Shacharis

Question: I forgot that it was Rosh Chodesh and so arrived late to shul. Should I have davened shacharis while the kehilla were davening mussaf, or davened mussaf with them and davened shacharis afterwards?

Answer: The Shulchan Aruch (OC 286:1) writes that the correct time for mussaf is after shacharis. The Rema adds that if one davened mussaf before shacharis they have still fulfilled their obligation.

The Gemara (Zevachim 90b) discusses which rule takes precedence, that of tadir, the more frequent of two objects takes precedence, or mekudash, the one of greater sanctity. R’ Yitzchak Elchanan Spector (Baer Yitzchak OC 20) argues that if one missed davening shacharis betzibur, they should at-least daven mussaf betzibur and daven shacharis later. While shacharis is an everyday occurrence, and therefore tadir, nonetheless, davening mussaf betzibur is considered mekudash, and so should be performed now, while one can do so with a minyan. While this applies to mussaf on Yom Tov, it does not necessarily apply to mussaf on rosh chodesh and chol hamoed.

R’ Moshe Feinstein (Igros Moshe OC 4:68) disagrees, writing that one must always daven shacharis before mussaf. Firstly, the Torah refers to the korban tamid as haolah, the olah, to emphasise that no korban precedes it (See Mishna Berura 286:5; Kaf Hachaim OC 286:12). Additionally, the rule of tadir means that one must daven shacharis before mussaf. Also, shacharis must be recited in the morning, while musaf can be recited throughout the day.

R' Yitzchak Yaakov Weiss (Minchas Yitzchak 6:36) adds that one who davens the shacharis amida while the tzibbur are davening mussaf may even be considered as davening tefilla betzibbur (See Rivevos Ephraim 8:345).

In conclusion, one who comes late to shul on a day when we daven mussaf must ensure that they daven shacharis first.