Sunday, 28 January 2024

Touching Food Before Negel Vasser

Question: Our ten-year-old daughter poured herself some cereal for breakfast and realised that she had forgotten to wash her hands first. Does she have to throw it out?

Answer: The Shulchan Aruch (OC 4:2; 3; 18) writes that one must wash one’s hands upon waking up to remove the ruach ra’ah, bad spirit. One should avoid touching one’s mouth and eyes, etc. before washing. The Mishna Berura (4:10) writes that we should urge children to wash their hands, too, before touching food (see Moreh Baetzba 2:60).

The Chayei Adam (1:2:2) quotes his grandson who demonstrates that things prohibited due to ruach ra’ah are not prohibited bedieved. R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:1) challenges this, writing that not all forms of ruach ra’ah are equal. He quotes a story in which the Vilna Gaon refused to eat such food, asking for it to be destroyed. Nonetheless, he justifies buying food from places where the workers likely did not wash their hands three times (see Shraga Hameir 7:171:1).

Likewise, the Mishna Berura (4:14) writes that food touched by one who has not washed their hands is not prohibited to eat. Nonetheless, one should wash the food itself three times, if possible.

R’ Ovadia Yosef (Yabia Omer OC 4:1) quotes many poskim who allow one to eat the food, adding that one can wash the food if feasible. R’ Eliezer Waldenberg (Tzitz Eliezer 13:2) adds that neither the Gemara, Rambam or Shulchan Aruch make any mention of food being touched by one who has not washed their hands becoming contaminated. He quotes the Malbim (Ortzos Hachaim, Eretz Yehuda 4:4) who writes that we are not as concerned for ruach ra’ah nowadays (see Kaf Hachaim OC 4:20).

R' Shlomo Zalman Auerbach (Halichos Shlomo 20:n25) quotes the Shulchan Aruch Harav who writes that we are lenient with regards to children under bar-mitzva or bas-mitzva.

In conclusion, while one should be meticulous about washing one’s hands properly in the morning, if one touched food beforehand, the food does not need to be discarded.

Sunday, 21 January 2024

Mezuza Upgrade

Question: I had my mezuzos checked and found out that a couple of them are not the best quality. Do I recite a new beracha when replacing them with better ones?

Answer: The Aruch Hashulchan (YD 289:4) writes that if one removes their mezuza to check it, they do not recite a new beracha if they reaffix it that same day. However, if the mezuza was passul and had to be replaced, one must recite a new beracha. There is a machlokes however as to whether one recites a new beracha when replacing a kosher mezuza with another one.

The Maharam Schick (YD 285) compares this to tzitzis. The Rema (OC 8:12) writes that if one removed one’s tzitzis and donned a new pair one recites a new beracha. So too, one replacing a mezuza must recite a new beracha.

However, R’ Shimon Greenfeld (Maharshag YD 1:57) disagrees, arguing that there is a difference between mezuza and tallis. One who was wearing a tallis and later decided to don a second pair would have to recite a new beracha as each pair is a separate mitzva. However, one cannot add a second mezuza to a doorway. Rather, he compares switching a mezuza to one blowing shofar on Rosh Hashana who has to switch shofar in the middle, whereby one would not recite a new beracha.

Nonetheless, R’ Avraham Dovid Wahrman (Daas Kedoshim 289:4), R’ Shraga Feivish Schneebalg (Shraga Hameir 1:39), R’ Yaakov Yeshaya Blau (Chovas Hadar 11:14) and R’ Shmuel Wosner (Shevet Halevi 2:158:4) write that we pasken like the Maharam Schick and recite a new beracha.

In conclusion, if one replaces one’s old mezuza with another, one recites a new beracha.

Sunday, 14 January 2024

Fallen Mezuza

Question: One of our mezuzos was accidentally knocked off. Do we need to fast?

Answer: The Magen Avraham (OC 44:5, quoting the Mishpatei Shmuel) and Shulchan Aruch Harav (OC 44:5) write that there is a minhag for a person to fast if their tefillin fall to the ground. The Mahari Brunna (127) explains that dropping tefillin should be seen as a sign from shamayim, prompting one to do teshuva. The Chida (Chaim Sha’al 1:12) clarifies that the fast serves as atonement for a lapse in proper care and respect (see Tzitz Eliezer 5:1).

R’ Moshe Zvi Landau (Mezuzos Melachim, Halacha Lemoshe 201) discusses a machlokes regarding whether one must fast if a mezuza falls. R’ Moshe Leib Rosenbaum (Beis Aryeh 15:6) maintains that fasting is required, whereas R’ Chaim Falagi (Lev Chaim 3:131) argues that a mezuza does not possess the same level of sanctity as a sefer Torah or tefillin, and therefore fasting is unnecessary (see Maharsham 2:264).

R’ Menashe Klein (Mishne Halachos 5:195) and R’ Yitzchak Yosef (Yalkut Yosef, Sova Semachos, Mezuza 106) note that the Magen Avraham does not mention a need to fast for a fallen mezuza. R’ Moshe Stern (Baer Moshe 3:9:8) and R’ Shraga Feivish Schneebalg (Shraga Hameir 3:12:1) also write that the minhag to fast does not apply to a mezuza. Thus, the prevailing minhag is to give tzedaka instead of fasting. The Chida advises that each Rav should guide his kehilla according to what is most appropriate.

The Pischei Teshuva (YD 289:1) and the Aruch Hashulchan (YD 289:4) mention that just as one must recite a new beracha when putting a tallis back on after it has fallen off (Shulchan Aruch OC 8:14), one should also recite a new beracha when rehanging a fallen mezuza (see Kitzur Shulchan Aruch 11:7).

However, R’ Ovadia Yosef (Yabia Omer YD 3:17:11) rules that a new beracha is not necessary when reaffixing a fallen mezuza. He explains that when a tallis falls off, the mitzva is considered complete, and putting it back on requires a new beracha. In contrast, the mitzva of a mezuza remains ongoing even when it falls, so it should be reaffixed immediately without a new beracha (see Halichos Shlomo, Tefilla 3:14).

In conclusion, when rehanging a fallen mezuza, Ashkenazim should recite a new beracha, while Sefardim generally do not. In all cases, the mezuza should be reaffixed immediately. Instead of fasting, give tzedaka.

Sunday, 7 January 2024

Hanging Mezuza

Question: The top nail came out of our mezuza case causing the mezuza to hang upside down on the bottom nail. Do I need to recite a new beracha when reaffixing it?

Answer: The Shulchan Aruch (OC 8:15) writes that if one’s tallis accidentally slipped off, one should recite a new beracha when putting it back on. The Pischei Teshuva (YD 289:1) and the Aruch Hashulchan (YD 289:4) compare this to a mezuza that fell, writing that one is required to recite a new beracha upon replacing a fallen mezuza.

However, R’ Ovadia Yosef (Yabia Omer YD 3:17:11) writes that one does not recite a new beracha, arguing that there is a fundamental difference between tzitzis, which one is no longer obligated to wear when they are no longer wearing a tallis, and a mezuza, which must be affixed to one’s doorway at all times.

Nonetheless, the Kitzur Shulchan Aruch (11:7), Chayei Adam (Kuntres Hamezuza 289:7) and R’ Menashe Klein (Mishne Halachos 7:186) write that one does say a new beracha if the mezuza had fallen.

R’ Moshe Stern (Baer Moshe 6:6) quotes his father (Shulchan Eish OC 8:15) who questions whether one recites the beracha if the mezuza partially falls. He explains that this doubt would not apply in our scenario where the mezuza was hanging upside down or if the mezuza was hanging freely on the top nail. In such cases, one would have to affix it with a new beracha. Similarly, R’ Yaakov Yeshaya Blau (Chovas Hadar 11:15:n29) writes that one recites a new beracha even if the mezuza did not totally fall.

In conclusion, if one’s mezuza fell so that it was not hanging properly, one must affix it and recite a new beracha. Some Sephardim do so without reciting a beracha.

Monday, 1 January 2024

Classroom Mezuza

Question: Do we need to affix mezuzos to classrooms?

Answer: The Gemara (Yuma 11b) teaches that there is a machlokes as to whether one places a mezuza on the entrance to a beis haknesses. The Shulchan Aruch (YD 286:3) writes that a beis haknesses doorway is exempt from a mezuza unless someone lives in the shul building. However, he writes that there is a machlokes (YD 286:10) as to whether a beis hamedrash doorway requires a mezuza, concluding that it is ideal to affix one, albeit without reciting a beracha. The Shach (YD 286:19) explains that as the students learn there all day, it is considered to be a place of habitat.

Nonetheless, the Shulchan Aruch (YD 286:11) writes that a shop in a market is exempt. The Taz (YD 286:10) explains that such shops remain empty at nights. Nonetheless, a regular classroom contains equipment and supplies that the teachers and students need to teach and learn. As such, it should be obligated with a mezuza (see Kobetz Beis Levi 2:5753)

R’ Ephraim Greenblatt (Rivevos Ephraim 5:545) writes that classrooms have the same status as a beis Hamedrash and one is obligated to affix one, though without a beracha.

In conclusion, one should affix a mezuza to a classroom without reciting a beracha.