Mezuza on a Timeshare

Question: I have recently bought a holiday home through a timeshare, whereby I have the rights to use the home for three months a year. Am I obligated to affix mezuzos?

Answer: The Rema (YD 286:1) writes that one who owns a house in partnership with a non-Jew is exempt from affixing a mezuza. Different reasons are given for this. The Bach (YD 286:1) writes that it could be dangerous to leave the mezuza exposed. Alternatively, it may become mistreated by non-Jewish people. The Shach (YD 286:6) explains that the house needs to belong fully to a Jewish person for it to require a mezuza.

R’ Akiva Eiger (1:66) argues that while a Jew is living in a property that he owns as a timeshare together with a non-Jew, it is considered to be totally his. As such, he is required to affix a mezuza then.

R’ Yosef Zundel Hutner (Chedrei Deah 286:1) challenges this, arguing that they remain partners regardless of who is currently in the house.

The Chayei Adam (Kuntres Hamezuza 289:59-60) sides with R’ Akiva Eiger, though writes that there is a difference as to whether they have properly split the times between them. Only if they have predetermined dates, can the Jewish owner affix the mezuza with a beracha. However, if their agreement is more fluid, and they each move in whenever they want, then he affixes it without a beracha. Ideally, one should remove the mezuza when leaving, and replace it each time they arrive. R’ Moshe Zvi Landau (Mezuzos Melachim 165) maintains that one does not recite a beracha, regardless.

In conclusion, one should affix mezuzos when one is staying in a timeshare, though one should not recite a beracha.

Shehecheyanu on new Tzitzis

Question: Does one say shehecheyanu when buying a new tallis or tzitzis?

Answer: The Shulchan Aruch (OC 22:1) writes that one should recite the beracha of shehecheyanu when buying a new tallis just as one would for any other new clothes. The Mishna Berura (22:1) notes that the tallis needs to be ready to wear. Thus, if the tzitzis have not yet been attached to the begged,, one should wait to say shehecheyanu. The Rema adds that if one did not recite the beracha when buying the tallis then one should do so when first wearing it.

Nonetheless, the minhag is to wait to recite shehecheyanu until wearing the new clothes. The Kaf Hachaim (OC 22:6) suggests that this is because nowadays people often return clothing or pass it on to others (see Piskei Teshuvos 22:1; 223:7).

The Kitzur Shulchan Aruch (59:8), Ben Ish Chai (Bereishis 1:7) and Mishna Berura (22:3) write that one should recite the beracha on one’s tallis before reciting shehecheyanu (see Shaar Hatziyun 22:12).

However, the Shulchan Aruch Harav (OC 22:1) and Baer Heitiv (22:2) write that one should recite the beracha of shehecheyanu before one says the beracha on his tallis. R’ Yaakov Kamenetsky (Emes L’yaakov OC 22:n25) and R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 3:13) concur, asking why the Mishna Berura (225:11) writes that one says shehecheyanu before haeitz when eating a new fruit.

R’ Moshe Feinstein (Igros Moshe OC 3:80) writes that as one does not typically consider a regular pair of tzitzis (begged kattan) to be significant, one does not recite shehecheyanu on a new pair (see Halichos Shlomo, Tefilla 3:n47).

In conclusion, one does not recite shehecheyanu upon buying a regular pair of tzitzis but one does so with a new tallis. One should wait until he wears it for the first time, and recite shehecheyanu before saying the beracha on the tallis.

How much Water for Mayim Acharonim?

Question: Are we just supposed to wash the tips of our fingers when washing mayim acharonim?

Answer: The Beis Yosef (OC 181:8) quotes Rabbeinu Bachye (Shulchan Shel Arba 1:1) who writes that there are thirteen differences between netilas yadayim for bread and mayim acharonim. One difference is that while one needs to wash all of one’s hands before eating bread, one only needs to wash one’s fingers for mayim acharonim.

Nonetheless, he writes that we pasken like the Rashba (Torah Habayis 6:1 69a) who writes that one only needs to wash until the second joint of one’s fingers.

The Beis Yosef (OC 181:8) lists another one of Rabbeinu Bachye’s differences. While one needs a revi’is for netilas yadayim, there is no specific shiur for how much water to use for mayim acharonim.

The Kaf Hachaim (OC 181:6) writes that one should be particular to only use a few drops of water for Kabbalistic reasons. Likewise, it is commendable to remove the used water (ibid. 8).

However, the Ashkenazi poskim disagree. The Mishna Berura (181:10) and Aruch Hashulchan (OC 181:7) both criticize those who just wash the tips of their fingers, writing that one needs to wash the top two joints of one’s fingers. While the Vilna Gaon (Maaseh Rav 84) maintained that one must use a revi’is and wash with a kli, the other acharonim do not require this.

In conclusion, while some Sefardim should use the small mayim acharonim sets that are both small and hide the used water, Ashkenazim who wash, should wash with a regular cup or in a sink.

Women Washing Mayim Acharonim

Question: Should women wash their hands for mayim acharonim?

Answer: The Gemara (Berachos 53b; Eruvin 17b; Chullin 105a) teaches that one must wash one’s hands at the end of the meal in order to remove melach sedomis, a poisonous salt. Thus, Rambam (Berachos 6:2) and the Shulchan Aruch (OC 181:1) write that mayim acharonim, washing one’s hands at the end of the meal, is obligatory. Nonetheless, The Tur (OC 181:10) and Shulchan Aruch (OC 181:10) quote Tosafos (Berachos 53b) who defends the practice of those who do not wash their hands, arguing that we no longer need to be concerned about melach sedomis. The Rema (Darkei Moshe OC 181:1) notes that this is the normative Ashkenazi custom. R’ Yaakov Emden (Mor Uketzia 181) explains that nowadays when people eat with cutlery, one does not need to be so concerned about melach sedomis. Nonetheless, that would not apply to one holding bread with their hands.

Nonetheless, the Magen Avraham (181:10) writes that one should still wash nowadays for kabbalistic reasons. Likewise, the Mishna Berura (181:22 quoting the Gra), Aruch Hashulchan (OC 181:5) and the Kaf Hachaim (OC 181:27) stress the importance of this practise.

R’ Yaakov Emden writes that one must inform women that they, too, are obligated to wash their hands. R’ Ephraim Greenblatt (Rivevos Ephraim 1:140:4) explains that all of the reasons for mayim acharonim apply equally to men and women.

Nonetheless, R’ Shmuel Wosner (Shevet Halevi 4:23) writes that as the reason of melach sedomis no longer applies, women never committed themselves to this practice. Similarly, R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:174) and the Piskei Teshuvos (181:1) note that women often do not observe those halachos that we practise for kabbalistic reasons (see Dirshu Mishna Berura 181:n16).

In conclusion, while some women wash mayim acharonim after eating, the general practice is that women do not wash.

Boys Tying Tzitzis

Question: A local organisation is asking for volunteers to tie tzitzis for Israeli soldiers. Are boys under bar-mitzva allowed to tie them?

Answer: The Gemara (Gittin 45b) teaches that sefer torah, tefillin and mezuzos must only be written by an adult male. Thus, the Shulchan Aruch (OC 39:1) writes that tefillin written by a woman or child are not kosher. The Mishna Berura (39:8) writes that this applies even if an adult was supervising the child and ensuring that he wrote it leshem mitzva.

Tosafos (Gittin 45b) quotes Rabbeinu Tam who extends this to binding a lulav and tying tzitzis, too. Nonetheless, Tosafos disagrees, writing that women may tie tzitzis. Therefore, the Shulchan Aruch (OC 14:1) writes that women may tie tzitzis. Nonetheless, the Rema writes that ideally, tzitzis should be tied by men. The Magen Avraham (14:3) writes that this restriction applies equally to boys under the age of bar-mitzva (see Ksav Sofer OC 1).

Following this, the Mishna Berura (14:4; Biur Halacha 14:1) writes that ideally, tzitzis should only be made by adults. However, he quotes the Malbim (Artzos Hachaim 14:1) who allows boys to tie tzitzis so long as an adult is supervising him and ensuring that he tied them leshem mitzva.

Likewise, the Aruch Hashulchan (OC 14:7), Ben Ish Chai (Lech Lecha 1:2) and Kaf Hachaim (OC 14:4) write that lechatchila only men over the age of bar-mitzva should tie tzitzis (see Shulchan Aruch Harav OC 14:2).

However, the Elya Rabba (OC 14:1) writes that while a kuti cannot tie tzitzis, that only applies to the first knot and chulyos - set of windings. Accordingly, there would be no issue for a child to complete the rest of the wrapping and tying.

In conclusion, an adult should insert the strings and tie the first knot and chulyos, whereupon a child may take over.

Tying Tzitzis at Night

Question: Can one tie tzitzis at nighttime?

Answer: The Gemara (Menachos 40b) teaches that if one tied the tzitzis onto a garment before it was completed with four corners, it is not kosher following the rule of ta'aseh velo min ha'asui - it needs to be made, and not just appear. The Pri Megadim (Mishbetzos Zahav OC 18:1) writes that if one tied tzitzis onto a garment at nighttime when one is not obligated to wear tzitzis, the tzitzis are kosher and we are not concerned for ta'aseh velo min ha'asui. R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 9:8) writes that this implies that it is not ideal to do so.

Nonetheless, R’ Weiss concludes that one may tie tzitzis at night. R’ Shlomo Kluger (Chochmas Shlomo OC 18:1) explains that one does not perform the mitzva of tzitzis by tying them. Rather, doing so is a necessary step in preparing for the mitzva. R’ Moshe Stern (Baer Moshe 8:47) compares tying tzitzis to closing a sukka roof, preparing the lulav and esrog, fashioning a shofar, and adjusting tefillin straps, all of which may be performed at night. Likewise, the Ben Ish Chai (Lech Lecha 1:18) explains that ta'aseh velo min ha'asui does not apply to actions performed at a different time. R’ Ovadia Yosef (Yabia Omer OC 8:3) notes that while women are not obligated to wear tzitzis, they are able to tie them (according to the Shulchan Aruch OC 14:1). Clearly, tzitzis do not need to be tied under the same conditions as wearing them.

Likewise, the Aruch Hashulchan (OC 14:7), Kaf Hachaim (OC 18:2) and R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 3:23) write that one may tie tzitzis at nighttime.

In conclusion, one may tie tzitzis onto a begged at nighttime.

Havdala on Yom Tov

Question: When Yom Tov falls on Motzaei Shabbos, can one use the Yom Tov candles for havdala?

Answer: The Gemara (Pesachim 103b) teaches that one should ideally use an avuka for havdala. The Maggid Mishne (Shabbos 29:26) translates this as a multi-wicked candle. The Ran (Pesachim 21a) explains that the beracha of borei meorei haeish is written in the plural form as Hashem created multiple luminaries. Thus, the Shulchan Aruch (OC 298:2) writes that it is ideal to use an avuka, though one may use a single candle if necessary.

The Mishna Berura (Biur Halacha 514:5) writes that one should ideally light a yahrzeit candle before Yom Tov, rather than on Yom Tov itself. Thus, R’ Shlomo Zalman Auerbach (quoted in Shemiras Shabbos Kehilchasa 62:n31) questioned whether one may light a havdala candle on Yom Tov just for havdala.

The Shulchan Aruch (OC 514:2) writes that one must not tip a candle in order to drip the wax, nor remove a lit wick from a flame, as doing so is considered kibui, extinguishing. The Rema adds that one may, however, add a wick to an existing flame, even though it will burn quicker. Nonetheless, R’ Moshe Feinstein (Igros Moshe OC 5:20:30) writes that one may hold two candles together for havdala as one has no intention of making the candles burn quicker.

The Rema (OC 502:2) writes that one may move a burning wood from a fire and place it elsewhere as one is not intending on extinguishing the flame. Nonetheless, the Shulchan Aruch Harav (OC 502:7) and Mishna Berura (502:20) write that one should ideally not separate two wicks from the same flame. Accordingly, one could not place two candles together to make one flame and then separate them. Nonetheless, R’ Moshe Stern (Baer Moshe 8:184) and R’ Menashe Klein (Mishne Halachos 8:217) write that we follow the Rema in allowing us to separate the candles.

R’ Benzion Abba Shaul (Ohr Letzion 3:18:6) writes that one can use one’s regular Yom Tov candles for havdala. One does not need to move or hold them. Likewise, R’ Yaakov Kamenetsky (Emes L’yaakov OC 514:n476) maintained that one must not allow the candles to touch (see Dirshu Mishna Berura 3:18:n6).

In conclusion, there are different practices as to how to make havdala on Yom Tov. One without a specific minhag should ideally not place the candles together.

Emergency Exit

Question: Our landlord has extended our flat and has installed an emergency fire exit. As we hope to never use this door, do we need to affix a mezuza?

Answer: The Gemara (Menachos 33a) suggests that R’ Yehuda Hanassi used to enter the beis hamedrash through a door that had no mezuza because it was never used by anybody else (see Tur YD 286:18). Nonetheless, the Gemara (ibid. 34a) concludes that one must affix a mezuza even on a doorway that is rarely used.

The Shulchan Aruch (YD 286:17) writes that one must affix a mezuza to each door that is designed for regular use. If some doors are no longer used due to fewer inhabitants, one must not remove the mezuzos.

The Rema (YD 286:18) adds that this only applies to a door that is used for both coming and going. A small door that is only used for passing food through would not require a mezuza (see Kitzur Shulchan Aruch 11:1).  

R’ Avraham Dovid Wahrman (Mikdash Me’at 286:48) stresses that this only applies to a doorway that was designed from the outset to only be used in this manner. Once a doorway was used normally, it does not become exempt from a mezuza even if it is no longer used.

R’ Sholom Mordechai Schwadron (Maharsham 2:265) writes that if one has a door that one cannot use, one is exempt from affixing a mezuza to it. Thus, if one has a roof without a maakeh, one does not need to affix a mezuza to the access door.

R’ Shlomo Zalman Auerbach (Minchas Shlomo 2:100:5) writes that an emergency exit that can only be opened from the inside does not require a mezuza.

In conclusion, an emergency exit that is not used for non-emergencies does not require a mezuza.

Blocked Doorway

Question: We have recently redecorated our dining room and have moved the bookcase so that it blocks one of the doors. As this doorway can no longer be used, can we remove the mezuza?

Answer: The Gemara (Shabbos 146b; Bava Basra 13a) teaches that the space in the immediate vicinity outside an entranceway belongs to that house even if the doorway has been sealed. Only if the doorposts were destroyed, does it lose its status as an entrance (see Shulchan Aruch CM 172:7). Thus, R’ Avraham Dovid Wahrman (Daas Kedoshim 286:25) writes that a doorway that was sealed for the winter does not require a mezuza.

Following this, the Aruch Hashulchan (YD 286:38) and R’ Shraga Feivish Schneebalg (Shraga Hameir 2:76; 3:23:3) write that blocking a doorway with heavy furniture does not invalidate the doorway, and it still requires a mezuza.

R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:540) argues that there is a difference between heavy, immovable furniture which should render the doorway unusable, as opposed to lighter furniture that one may move to clean behind which would not invalidate the doorway from a mezuza. Nonetheless, he advises that one should not remove the mezuza in deference to the view of the Aruch Hashulchan.

Nonetheless, R’ Moshe Feinstein (Igros Moshe YD 1:177) disagrees, arguing that the Gemara and rishonim do not address the case of a blocked door with regards to mezuza and the scenarios in the Gemara are incomparable. The Gemara is addressing a house that is blocked off. In our scenario, one door is blocked off while another is used instead. By blocking off this door, one demonstrates that one does not want to use it, akin to destroying the doorposts.

In conclusion, if one blocks a doorway with a small bookcase, one must leave the mezuza attached. However, if one fits a large bookcase and attaches it to the wall, one may remove the mezuza.

Mezuza Before Hanging Door

Question: We have just completed an extension to our house, but the doors we have ordered are not due to arrive for a few weeks. Should we attach the mezuzos in the meantime?

Answer: The Gemara (Menachos 33a) records that when Rav Nachman was asked by the reish galusa to help him affix his mezuza, he instructed him to hang his door first. Rambam (Mezuza 6:1) writes that having a door is one of ten conditions for a doorway to be obligated with a mezuza. One must hang the door before affixing the mezuza (ibid. 6:5). In a letter to the Chachmei Lunil (quoted in Kesef Mishna Mezuza 6:1), Rambam explained that the Torah uses the word shaar to teach that only a doorway with a door is obligated to have a mezuza attached.

However, Raavad (Mezuza 6:1) and Tosafos (Menachos 33a) explain that Rav Nachman instructed him to hang his door simply so that he could ascertain which side the mezuza should be affixed to.

While the Shulchan Aruch (YD 286:15) quotes both opinions, he writes (Beis Yosef YD 286:15) that the halacha does not follow Rambam. The Shach (YD 286:25) writes that ideally one should affix the door first. If one is unable to do so, one should affix the mezuza without a beracha. When one hangs the door, one should remove the mezuza and reaffix it, again without reciting a beracha (see R’ Akiva Eiger YD 286:6). Alternatively, one should do so after reciting the beracha upon affixing another mezuza. The Chayei Adam (1:15:9) and Aruch Hashulchan (YD 286:24) concur with the Shach.

In conclusion, if one cannot hang the door yet, one should affix the mezuza though one cannot recite a beracha. Upon hanging the door, one should remove and reattach the mezuza.

Magic Tricks

Question: I have always been fascinated by magic tricks. Is it appropriate to study to become a magician?

Answer: The Mishna (Sanhedrin 67a) teaches that one who performs magic (kishuf) is liable to the death penalty, though one who creates an illusion is exempt. Rashi explains that this refers to one who merely gives the impression that they are performing magic, i.e., sleight of hand. The Gemara (ibid. 67b) teaches that while one is exempt for performing such trickery, it is still prohibited.

Rambam (Sefer Hamitzvos Lo Sasei 32; Avoda Zara Vechukos Hagoyim 11:15) includes sleight of hand among the 365 negative mitzvos and warns of the dangerous consequences that such trickery can cause. In addition, one transgresses geneivas daas (deception). The Shulchan Aruch (YD 179:15) writes that sleight of hand is forbidden. While the Tur (YD 179:1) and Shulchan Aruch concede that it is permitted to perform magic by utilising the Sefer Hayetzira, the Shach (YD 179:18) emphasises that this does not apply nowadays, and often caused issues in the past, too.

The Chochmas Adam (89) and Kitzur Shulchan Aruch (166:4) write that one must not employ a magician to entertain others by performing sleight of hand tricks. Not only would the magician be transgressing, but by hiring them, one transgresses lifnei iver, misleading others. While one may not even watch such a performer if they are Jewish, one may do so if they are not Jewish. Thus, R’ Ovadia Yosef (Yabia Omer YD 5:14; Yechave Daas 3:68) and R’ Shmuel Wosner (Shevet Halevi 5:129:1) write that not only may one not employ a magician, but one may not even watch a magic show.

Nonetheless, R’ Moshe Feinstein (Igros Moshe YD 4:13) writes that watching such entertainers should be no different from admiring others with talents, giving examples of people in Tanach who displayed talent. Thus, provided that people understand that this is talent rather than magic, it should be permitted. Likewise, R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:455) writes that providing the magician tells their audience that the tricks are techniques of deception, it is permitted (see Betzel Hachachma 4:13).

In conclusion, provided that the audience understand that there is no real magic involved, it is permitted to provide such entertainment.

Mezuza on Each Doorpost

Question: We have doors between our lounge and dining room, and I am unsure which side to affix the mezuza to. Can I affix one to each side?

Answer: The Tur (OC 34:1) and the Shulchan Aruch (OC 34:2) write that one who wears ‘Rashi tefillin’ and ‘Rabbeinu Tam tefillin’ should wear them together. Unlike wearing tefillin with five parshiyos, doing so does not pose an issue of bal tosif. One should have in mind that only one pair are kosher tefillin, while the other pair are ‘no more than straps.’ The Magen Avraham (34:2) notes that this only applies as only one set is considered to be kosher. One wearing two sets of the same tefillin, however, would certainly be transgressing bal tosif.

R' Yaakov Ettlinger (Binyan Tzion 99) compares placing two mezuzos on opposite doorposts to wearing two pairs of tefillin simultaneously. As only one doorpost can be the correct place for a mezuza, placing one on the other doorpost is akin to wearing the ‘wrong tefillin’. Likewise, R’ Yaakov Emden (Sheilas Yaavetz 1:70) writes that when there is a safek which side to affix the mezuza to, one should affix one to each side. However, the Maharam Schick (YD 287) disagrees, arguing that as both mezuzos are kosher, this is not the same as wearing two different pairs of tefillin.

R’ Ovadia Yosef (Yabia Omer OC 6:2) brings both opinions though does not offer a clear psak. Nonetheless, R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 1:9) sides with the Maharam Schick. He quotes R’ Avraham Dovid Wahrman (Daas Kedoshim 286:25) who notes that it is unheard of to place two mezuzos on one doorway (see Chelkas Yaakov YD 162). Likewise, R’ Shmuel Wosner (Shevet Halevi 2:152) writes that one must not affix two mezuzos, though writes that when one cannot ascertain which is the main room, one can simply choose which side to affix it to.

Nonetheless, R' Moshe Feinstein (Igros Moshe YD 1:176) dismisses this, writing that if there is no door on the doorway and one cannot ascertain which is the main room, the doorway may be exempt from a mezuza. Likewise, he rejects the option of affixing two mezuzos.

In conclusion, one must not affix two mezuzos to one doorway. Rather, one should consult with a Rav as to the correct place to affix it.

Mezuza on Back Door

Question: Our patio door leads onto our back garden and can only be opened from the inside. Which side should we affix the mezuza to?

Answer: The Gemara (Yuma 11b) teaches that one must affix the mezuza to the right-hand side of the house as one enters. The Shulchan Aruch (YD 289:2) writes that if one puts up the mezuza on the wrong side then they have not fulfilled the mitzva.

The Beis Yosef (YD 289:10) and the Taz (YD 289:4) quote the Maharil (94) who writes that if a door opens onto a courtyard that in turn opens onto the street, one places the mezuza on the right side of the doorway into which the door swings (heker tzir).

Nonetheless, the Chelkas Yaakov (YD 161) quotes the Levush who writes that we place the mezuza on the right side of the door going into the house, regardless of which way the door opens. R’ Meir Posner (Beis Meir YD 289:3) explains that as the garden itself is not obligated to have a mezuza, one must attach it onto the entrance to the house rather than on the entrance to the garden. Likewise, the Chazon Ish (YD 168:5) and R’ Moshe Feinstein (Igros Moshe YD 1:181) write that one places the mezuza on the right-hand side entrance to the house.

There is a machlokes, however, as to which side of the door the mezuza goes on when such a door opens out onto an enclosed balcony or garden. The Chazon Ish (YD 168:5) writes that any outside door is still considered to be an entrance to the house. As gardens and small balconies are not obligated with a mezuza, one must always place it on the outside going into the house.

However, R’ Chaim Elazar Spira (Minchas Elazar 2:40), R’ Moshe Feinstein, R’ Yitzchok Yaakov Weiss (Minchas Yitzchak 1:8) and R’ Ovadia Yosef (Yechave Daas 4:51) write that as the balcony or garden is only accessible from the house, the mezuza must be placed on the right side from the inside.

In conclusion, if the garden can only be accessed from the house, the mezuza should be placed on the right side from the inside. If the garden can also be accessed from the street, then the mezuza should be placed on the right side going into the house from the outside. This applies equally to patio doors, regardless of where they can be opened from.

Tall Doorway

Question: The entrance to our warehouse is sixteen feet tall. How high up the doorframe should we place the mezuza?

Answer: The Gemara (Menachos 33a) teaches that one must place the mezuza two thirds of the way up the doorpost. Tosafos (Menachos 33a; Yoma 11b) quotes the Talmud Yerushalmi (Megilla 4:12) that teaches that when the doorway is particularly high, one places the mezuza at shoulder height. The Bach (YD 289:4), Taz (YD 289:3) and Shach (YD 289:4) write that we follow the Yerushalmi and place the mezuza at shoulder height on a tall doorway.

The Aruch Hashulchan (YD 289:10), Chayei Adam (1:15:17), Avnei Nezer (YD 379) and R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:538) write that we pasken this way.

Nonetheless, the Netziv (Haamek Sheila Ekev 3) disagrees, writing that the Yerushalmi disagrees with the Talmud Bavli. According to Rambam (Mezuza 6:12), placing the mezuza below the top third would be passul (see Kitzur Shulchan Aruch, Lechem Hapanim 11:1). Likewise, R’ Ovadia Yosef (Yabia Omer YD 2:21) writes that one must always place the mezuza in the top third, regardless of the height of the doorway.

In conclusion, the mainstream view is to place the mezuza on tall doorways at shoulder level, though some Sefardim place it in the top third.

Mezuza on Attic Entrance

Question: We have recently installed a couple of windows in our roof so that we can use our loft as an extra room. The only entrance is via a pull-down ladder in the ceiling. Does that entrance require a mezuza?

Answer: The Gemara (Menachos 34a) teaches that one must affix a mezuza to every doorway within a house, including an entrance to an attic. Thus, Rambam (Mezuza 6:10) writes that one must affix a mezuza to a small entrance that leads from a house to an attic.

Rashi (Menachos 34a) explains that this entrance is constructed with upright walls surrounding the stairs to prevent unauthorised access. The Noda Biyehuda (YD 2:184) explains that Rashi wrote this as had it been a simple opening in the attic floor, there would be no requirement for a mezuza (see Minchas Elazar 1:36). Additionally, the Gemara (Kiddushin 22b) teaches that an eved ivri who refuses to be emancipated must have his ear pierced by a door. This door needs to be attached and upright, just like the doorframe upon which we attach a mezuza.

The Kitzur Shulchan Aruch (11:20) and Aruch Hashulchan (YD 287:1) quote the Noda Biyehuda and write that one only affixes a mezuza to an upright door.

In conclusion, one does not attach a mezuza to a pull-down door in the ceiling or trapdoor.

Mezuza on Block of Flats

Question: I recently moved to a block of flats. Most of the inhabitants are Jewish. Do we need to affix a mezuza onto the front door of the building?

Answer: The Gemara (Yuma 11a) teaches that one must affix a mezuza to the gate of a city inhabited by Jews. Rashi adds that this applies even when the majority of the city’s inhabitants are Jewish.

The Shulchan Aruch (YD 286:1) writes that one is obligated to affix a mezuza to a house owned by partners. The Rema adds that this only applies when all of the partners are Jewish. Thus, the Kitzur Shulchan Aruch (11:19) writes that one is exempt from affixing a mezuza to a house or courtyard which is inhabited by both Jewish and non-Jewish people. The Shach (YD 286:6) explains that this is for safety reasons.

Nonetheless, the Gra (Biur Hagra YD 286:2) quotes the Rashba who writes that one is obligated, regardless. The Aruch Hashulchan (YD 286:2) adds that nowadays, other residents are generally more tolerant of mezuzos. Likewise, R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:546) writes that one should affix a mezuza to the front door of a block of flats even if the majority of the residents are not Jewish, unless one is worried that it will cause animosity. One should do so without a beracha (see Betzel Hachachma 5:157).

In conclusion, one should affix a mezuza to the entrance of a block of flats without a beracha, even if the majority of the residents are not Jewish.

Moving Mezuza to the Correct Side

Question: My Rabbi came to my house and told me that the mezuza on my back door was on the wrong side. Should I recite a new beracha when I move it?

Answer: The Gemara (Yoma 11a) teaches that one must affix the mezuza to the right doorpost entering the house. Thus, Rambam (Mezuza 6:12) and the Shulchan Aruch (YD 289:2) writes that if one affixed the mezuza to the left side, they have not fulfilled the mitzva.

The Kitzur Shulchan Aruch (11:3) and Aruch Hashulchan (YD 289:5) write that if one affixed the mezuza to the wrong side, one must remove it and affix it to the right side. As there was no kosher mezuza on the doorway, one recites a beracha when reaffixing it.

The Chayei Adam (1:15:17) writes that one does not recite a beracha in this scenario. Nonetheless, R’ Binyamin Yehoshua Zilber (Beis Baruch 2:15:24) notes that this is based on a printing error, and the Chayei Adam also maintained that one should recite a beracha.

In conclusion, if one placed their mezuza on the wrong side of the doorpost, one must take it down and reaffix it on the right side with a beracha.

Writing B”H on Letters

Questions: One of our teachers encourages us to write B”H on the top of our work, while another teacher told us that we should avoid doing so. Which is right?

Answer: The Gemara (Rosh Hashana 18b) relates that the Yevanim decreed that the Jewish people must not mention Hashem’s Name. The Chashmonaim ruled that every letter they wrote should contain Hashem’s Name. Nonetheless, the sages revoked this rule, fearing that these letters would end up being discarded. Thus, the Rema (YD 276:13) writes that one must be careful not to write sheimos in letters.

R’ Ovadia Yosef (Yechave Daas 3:78) quotes the Chida who writes that one may write abbreviations even if they refer to Hashem. While the Rogatchover Gaon (Tzafnas Paneach 196) disagrees, R’ Ovadia writes that writing ב"ה on the top of letters is an ancient minhag and is permissible.

However, R’ Moshe Feinstein (Igros Moshe YD 2:138) writes that while he is not concerned about the letters being destroyed, it is not necessarily appropriate to write ב"ה on a secular letter. R’ Moshe Sternbuch (Teshuvos Vehanahagos 1:640) adds that the Vilna Gaon did not write this on his letters. Nonetheless, they write that those that do want to write something, should rather write בס"ד, standing for bisyata dishmaya, with help from heaven (see Aruch Hashulchan YD 276:28).

In conclusion, there are different practices regarding writing B”H on the top of a paper. Many Chassidim are particular to do so, some choose to write BS”D instead while others avoid writing anything.

Removing Tefillin on Rosh Chodesh

Question: I do not usually have enough time to remove and wrap my tefillin after kaddish and before mussaf on Rosh Chodesh. Should I take them off earlier or wrap them during chazaras hashatz?

Answer: The Shulchan Aruch (OC 25:13; 423:4) writes that one should remove one’s tefillin before reciting mussaf on Rosh Chodesh. The Levush (OC 423:4) and Mishna Berura (423:10) explain that when mentioning the korbanos during mussaf, it is akin to Yom Tov when we do not wear tefillin (see Shulchan Aruch Harav OC 25:41).

R' Moshe Sternbuch (Teshuvos Vehanhagos 1:45) stresses that it is a bizayon (disgrace) to remove one’s tefillin and leave them on the table while davening mussaf. He quotes the Shulchan Aruch Harav and Elya Rabba who write that one should remove one’s tefillin before kaddish.

Nonetheless, the Magen Avraham (25:30; 423:6), Pri Megadim (Eshel Avraham 423:6) and Mishna Berura (25:59) write that our practice is to wait until after kaddish (see Kaf Hachaim OC 25:94).

The Ben Ish Chai (Chayei Sarah 1:19) and Kaf Hachaim (OC 28:7) stress the importance of wrapping one’s tefillin and putting them away as soon as one takes them off. When one does not have time, such as on Rosh Chodesh, one should ensure that they are laid out straight and wrap them after mussaf. R' Ephraim Greenblatt (Rivevos Ephraim 1:281:5) quotes R’ Baruch Halevi Epstein (Baruch Sheamar Tefilla p330) who writes that one must cover one’s tefillin while davening mussaf, comparing it to covering the challa whilst reciting kiddush on Shabbos.

The Pri Megadim (Mishbetzos Zahav 34:2) criticizes those who remove their Rashi tefillin during chazaras hashatz, writing that one must concentrate on the tefilla.

In conclusion, one should remove one’s tefillin after kaddish. If one does not have enough time to wrap them, one should place them in their boxes and cover them with one’s tallis bag until after mussaf when one can wrap them properly. Only if one does not have time to wrap them then, should they remove them before kaddish rather than during chazaras hashatz.

Tachanun on Bar Mitzva Day

Question: I was davening in a chassidishe shul and they omitted tachanun due to a Bar Mitzva. Was that right?

Answer: The Shulchan Aruch (OC 131:4) writes that one omits tachanun in a shul when there is a chassan present or on the day of a bris.

R' Ovadia Yosef (Yabia Omer OC 1:27; 4:14; Yechave Daas 2:15) writes that one omits tachanun on a day when a boy becomes Bar Mitzva, too, comparing this both to a chassan and a bris. He quotes R’ Ben Zion Meir Chai Uziel who writes that this minhag highlights the importance of becoming Bar Mitzva, and of the significance of wearing tefillin.

However, R’ Eliezer Waldenberg (Tzitz Eliezer 11:17) disagrees, writing that omitting tachanun is not going to encourage anyone to wear tefillin. R’ Nosson Gestetner (Lehoros Nosson 10:16) explains that the reason why the Shulchan Aruch does not mention Bar Mitzva is because it is not the same simcha as a bris or chuppa.

R’ Yitzchok Yaakov Weiss (Minchas Yitzchak 8:11) notes that the Minchas Elazar would omit tachanun when there was a Bar Mitzva in shul. Nonetheless, he disagrees, writing that this is not common practice. R’ Binyamin Zilber (Az Nidberu 11:48) notes that the Ashkenazi practice in Eretz Yisrael is to say tachanun (see Rivevos Ephraim 1:337; 3:86; 4:44:57; Ishei Yisrael 25:n79).

In conclusion, some Sefardim and Chassidim omit tachanun in shul on the day of a Bar Mitzva while the main Ashkenazi practice is to say it.

Eating While Wearing Tefillin

Question: We have a learning program after shacharis which we are encouraged to keep our tefillin on for. Can we eat while wearing our tefillin?

Answer: The Gemara (Berachos 23b) teaches that one should remove one’s tefillin before sitting down to eat a full meal. Rashi explains that one may become intoxicated while eating. The Tiferes Yisrael (Yadayim, Yachin 2:4:35) infers that one would be allowed to eat a full meal without any alcohol. Nonetheless, Rambam (Tefillin 4:16) and the Shulchan Aruch (OC 40:8) write that one is only permitted to have a snack.

The Mishna Berura (40:19) questions whether this hetter applies only to those who are accustomed to wear their tefillin all day (see Aruch Hashulchan OC 40:5). Nonetheless, the Tzitz Eliezer (7:27:1) writes that the Shulchan Aruch (OC 37:2) notes that the practice in his time was for people not to wear their tefillin throughout the day. Yet, the Shulchan Aruch still allows one to have a snack while wearing one’s tefillin. Likewise, the Kaf Hachaim (OC 40:35) writes that one may drink coffee and tea while wearing tefillin. Thus, the Dirshu Mishna Berura (40:n31) writes that the Chazon Ish allowed one to have a snack. However, R’ Yosef Shalom Elyashiv maintained that it was commendable to avoid having any snacks or drinks.

The Piskei Teshuvos (40:8) writes that if one is having a little snack or drink to enable them to learn better, then one may keep them on. If one is intending on removing them, one should do so before eating or drinking.

In conclusion, one may not eat a proper meal while wearing one’s tefillin. However, one may have a small snack and drink if it will enable them to learn better.

Tefillin for a Bris

Question: My son’s bris was on Rosh Chodesh. When it was my first son’s bris, the mohel told me to leave my tefillin on. Should I have put them back on after mussaf for the bris?

Answer: The Shach (YD 265:24), Magen Avraham (25:28), Shulchan Aruch Harav (OC 25:38) and Mishna Berura (25:55) write that when there is a bris following shacharis, one should not remove one’s tefillin until after the bris. The Shach explains that as the Torah describes both tefillin and the bris milah as an ois (sign) it is appropriate to perform the bris while wearing tefillin.

R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:502) justifies the practice of those who remove their tefillin, writing that it is important not to be distracted while wearing them. He suggests that the minhag to keep them on is specifically for the father, sandek and those involved with the bris.

The Shulchan Aruch (OC 31:1) writes that the reason why we do not wear tefillin on Shabbos is due to Shabbos being an ois. Based on this, various acharonim disagreed with this minhag, writing that wearing tefillin while performing the bris is akin to wearing them on Shabbos. Nonetheless, R’ Eliezer Waldenberg (Tzitz Eliezer 14:4) and R’ Ovadia Yosef (Yabia Omer OC 3:5) quote the Chida (Maris Ha’ayin Likkutim 40) who explains that we should always have two mitzvos that serve as witnesses, be they tefillin and bris, or Shabbos and bris. R’ Moshe Feinstein (Igros Moshe 4:101:4) gives a different explanation. The ois is having a bris rather than the action of performing it (see Teshuvos Vehanhagos 1:596; Kaf Hachaim OC 25:92).

The Kaf Hachaim (OC 25:96) writes that if one is making a bris on Rosh Chodesh, one does not put their tefillin back on. R’ Ovadia Yosef (ibid.) notes that there are those that disagree with the Kaf Hachaim, though writes that he witnessed many gedolim who did not put their tefillin back on for a bris.

In conclusion, one should not put one’s tefillin back on for a bris after they have taken them off on Rosh Chodesh.

Work on Erev Pesach

Question: Am I allowed to go to work on erev Pesach?

Answer: The Mishna (Pesachim 50a) teaches that one may only work in the morning on erev Pesach in places where it is customary to do so. The Yerushalmi (Pesachim 4:1) explains that one should treat the day on which one brings a personal korban as a Yom Tov. As all Jews would bring a korban Pesach on erev Pesach, they would treat the day as a Yom Tov and abstain from work. Tosafos (Pesachim 50a) writes that according to the Yerushalmi it would be forbidden mideoraisa. Rashi (Pesachim 50a), however, writes that chazal instituted this to ensure that one properly disposes of their chametz and prepares for their seder. R’ Ovadia Yosef (Yechave Daas 4:34) argues that even according to Tosafos, it would only be mideoraisa during the times of the Beis Hamikdash.

The Shulchan Aruch (OC 468:2) writes that this applies both to melachos such as sewing, as well as going to work (see Mishna Berura 468:6-7).

The Shulchan Aruch (OC 468:3) writes that one should follow the minhag of one’s community as to whether to abstain from work all day, or only from chatzos (midday). The Rema writes that the practice in his time was to abstain from working in the morning, too. The Mishna Berura (468:1; Biur Halacha 468:1) writes while we no longer offer a korban pesach it is still assur miderabanan to work then (see Ramban, Milchamos Hashem Pesachim 16b).

Nonetheless, the Chayei Adam (2:129:4) writes that many workmen would work in the morning and that was the common practice. Likewise, the Aruch Hashulchan (OC 468:5) writes that nowadays we may be lenient and work until chatzos. R’ Shlomo Zalman Auerbach (Halichos Shlomo, Pesach 8:5) maintained that (even) in Yerushalayim one is allowed to work before chatzos.

In conclusion, one may go to work in the morning on erev Pesach, but one should not do so after chatzos.

Crossdressing on Purim

Question: Is it okay for a man to dress up as a woman and vice-versa on Purim?

Answer: The Elya Rabba (696:15) suggests that the minhag of dressing up on Purim is to commemorate Mordechai being dressed in royal clothing and escorted by Haman (Esther 6:11).

The rishonim give different reasons for the Torah prohibitions against crossdressing (Devarim 22:5). Rashi writes that it can lead to promiscuity. Rambam (Moreh Nevuchim 3:37; Mitzvos Lo Saaseh 39-40) explains that this was the way of idolaters.

The Mahari Mintz (15) writes that while cross-dressing is explicitly forbidden by the Torah, as one wears such clothes on Purim to enhance one’s joy as opposed to immoral purposes, it is allowed. He writes that he witnessed many such costumes and never saw the rabbanim object. The Rema (OC 696:8) quotes both strict and lenient opinions, concluding that the minhag is to be lenient.

Nonetheless, the Bach (YD 182) quotes the Yereim (96) who writes that one must not even wear such clothes as a joke at a wedding. His son-in-law, the Taz (YD 182:4) writes that while one can follow the Rema, it is ideal to avoid doing so. The Mishna Berura (696:30) quotes additional poskim (Kenesses Hagedola; Shelah) who condemned this practice (see Aruch Hashulchan OC 696:12). R’ Ovadia Yosef (Yechave Daas 5:50) adds that one should not even allow one’s children to cross-dress on Purim.

In conclusion, one should not cross-dress on Purim.

Beracha on an Extension

Question: I recited a beracha of hatov vehametiv when we bought our home a few years ago and we are now extending it. Should we say another beracha?

Answer: The Mishna (Berachos 54a) teaches that one recites the beracha of shehecheyanu upon building a new house. The Gemara (Berachos 59b) teaches that when one owns it with a partner, one recites hatov vehametiv instead. The Chayei Adam (1:62:2) argues that a married man would recite shehecheyanu as he is obligated to provide his wife and family with a home. Nonetheless, the Mishna Berura (Biur Halacha 232:3) disagrees as they have the option to rent a house rather than buy one. Thus, one would recite hatov vehametiv on a family home.

Many Sephardim follow the Ben Ish Chai (Re’eh 1:7) and Kaf Hachaim (OC 232:17) who write that common practice is not to say a beracha just on a new house. Rather one should wear a new garment or eat a special fruit, and have the house in mind when saying shehecheyanu (see Ohr Letzion 2:14:47).

The Mishna (Sotah 53a) qualifies which people are exempt from fighting in battle including one who has just built themself a new house. The Gemara (Sotah 44a) teaches that this includes one who added an extra row of bricks to the existing structure. Following this, the Mishna Berura (223:12; Shaar Hatziyun 232:14) writes that if one added an extra row of bricks to their house they would recite shehecheyanu (or hatov vehametiv).

Likewise, R' Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 23:14) and R’ Yosef Shalom Eliyashiv (Dirshu Mishna Berura 223:n24) maintained that one would recite a beracha upon building an extension to their house (see Avnei Yashpe 5:41:10; Piskei Teshuvos 223:4).

In conclusion, one recites a beracha upon extending their house.

Beracha on Becoming a Grandparent

Question: I just became a grandparent for the first time. Can I say shehecheyanu?

Answer: The Gemara (Berachos 59b) teaches that one recites the beracha of hatov vehametiv upon hearing that their wife has given birth to a boy (see Shulchan Aruch OC 223:1).

The Elya Rabba (223:1) quotes the Sefer Chassidim (843) who relates that one particular elder recited this beracha upon hearing that that he had a grandson.

However, the Rashba (4:77) writes that one cannot just recite the beracha of hatov vehametiv on anything that brings them happiness. The Mishna Berura (Biur Halacha 64:1) adds that the other poskim do not concur with the Sefer Chasidim. Thus, he advises that one refrain from reciting the beracha.

R' Chaim Naeh (Ketzos Hashulchan 64:11) challenges the Mishna Berura, arguing that the Elya Rabba must have known about the Rashba’s Teshuva, yet still chose to follow the Sefer Chasidim (see Piskei Teshuvos 223:n15).

Nonetheless, the Kaf Hachaim (OC 223:3) quotes the Chida (Bris Olam on Sefer Chassidim 843) who writes that one should recite the beracha without Hashem’s names. Likewise, R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla, Devar Halacha 23:14), R’ Ovadia Yosef (Yalkut Yosef, Kitzur Shulchan Aruch 223:8) and R' Chaim Kanievsky (Shoneh Halachos 223:3; Dirshu Mishna Berura 223:n5) maintained that one should not recite any beracha upon hearing the news of a grandchild. Nonetheless, when R’ Shlomo Zalman became a grandfather, he arranged for two different wines so he could say hatov vehametiv (Halichos Shlomo, Tefilla 23:n43). Alternatively, one can wear a new item of clothing and recite shehecheyanu (Yalkut Yosef ibid.).

In conclusion, if one wishes to recite a beracha upon having a grandchild, one should either obtain a new fruit and say shehecheyanu, or two special wines and say hatov vehametiv.

Beracha on Seeing the King

Question: Does one say the special beracha on seeing the King?

Answer: The Gemara (Berachos 9b; 19b; 58a) teaches that if one has the opportunity to see a king, one must make an effort to do so (See Shulchan Aruch OC 224:9). Upon seeing him, one says “Baruch.. shenasan michvodo lebasar vedam, Blessed are You.. Who has given from His own glory to people”. The Mishna Berura (224:13) writes that one should even interrupt learning Torah to see the king if they are accompanied by a royal procession.

The Magen Avraham (224:5) and the Chasam Sofer (OC 159) write that one only recites the beracha if the head of state has the power to execute or pardon one from the death penalty. Therefore, R’ Chaim Elazar Shapira (Minchas Elazar 5:7:3) and R’ Moshe Stern (Baer Moshe 2:9) write that one would not recite the beracha upon seeing a monarch who has no such power. R’ Ovadia Yosef (Yechave Daas 2:28; Yabia Omer OC 8:22:25) writes that if one saw such a king or queen one would recite the beracha without saying Hashem’s name. Additionally, one would only recite the full beracha if they were wearing their royal clothes. Thus, he relates that when President Nixon came to Eretz Yisrael, they recited the beracha without Hashem’s name as the President was wearing normal clothes.

Nonetheless, R’ Shmuel Wosner (Shevet Halevi 1:35) and R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:139) write that the honour shown counts more than the power they may have. Thus, one would not say the beracha upon seeing the US President as they are voted in and out of office every few years. The King of England, however, receives much more honour as a monarch, and is responsible for signing every law. R’ Sternbuch relates that R’ Yosef Chaim Sonnenfeld once had a private audience with the King of Jordan and he recited the beracha. One would recite the beracha even when the monarch is not accompanied by an entourage.

In conclusion, the minhag in the UK has always been to recite the beracha complete with Hashem’s name upon seeing the King or Queen. 

Beracha on Gum

Question: Does one recite a beracha on gum if one has no intention on swallowing it?

Answer: The Shulchan Aruch (OC 204:7) writes that one does not recite a beracha before or after water if they are drinking it for medical purposes such as to clear one’s throat as one does not benefit from tasting the water when swallowing. R’ Ovadia Hadaya (Yaskil Avdi 8:7) compares this to chewing gum, writing that one does not recite a beracha before chewing gum which one does not swallow.

The Shulchan Aruch (OC 202:15) writes that one recites the beracha of shehakol before eating sweets and sugar. Following this, R’ Benzion Abba Shaul (Ohr Letzion 2:14:8) and R’ Moshe Stern (Baer Moshe 2:12) write that one must say a beracha before chewing gum as inevitably one does swallow sugar.

R’ Ovadia Yosef (Yabia Omer OC 7:33; 9:108) adds that one is benefitting from the flavouring, too. The Gemara (Berachos 35a) teaches that the reason for saying a beracha before eating is that one must not benefit from this world without reciting a beracha first. This applies no less to flavoured gum (See Igros Moshe OC 2:57; Rivevos Ephraim 6:80:2; 7:219 Piskei Teshuvos 202:34).

In conclusion, one must recite the beracha of shehakol before chewing gum.

Children Singing Anim Zemiros

Question: I have noticed that certain shuls honour children to sing anim zemiros and open the aron beforehand, while other shuls do not. Is it appropriate to ask children?

Answer: The Bach (OC 132) writes that there is an ancient minhag to recite anim zemiros daily. Nonetheless, the Levush (OC 133) writes that one must not say it each day. Just as the Gemara (Shabbos 118b) teaches that we must not say hallel every day, so too, the awesome praises of Hashem within anim zemiros should be reserved for Shabbos and Yom Tov. He compares it to the kohen gadol who was only allowed to enter the kodesh hakodashim on Yom Kippur. Similarly, the Vilna Gaon (Maaseh Rav 53) maintained that anim zemiros should only be sung on Yom Tov.

Following this, R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:81) writes that it is inappropriate for a child to lead anim zemiros (see Rivevos Ephraim 5:237).

Nonetheless, R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 12:99) allowed children to lead it. Many shuls follow this, especially as they want to encourage child participation at the end of davening.

The Mishna Berura (147:29) writes that a child should not hold a Sefer Torah. Seemingly, this should not apply to pesicha when the Torah is not removed. Thus, R’ Avraham Yeshaya Pfoifer (Ishei Yisrael 36:81) writes that it is acceptable to ask a child to open the aron hakodesh for anim zemiros.

In conclusion, while there are some shuls that only allow the chazzan to lead anim zemiros, it is appropriate to encourage the children to both lead it and open the aron hakodesh.