Dose of Halacha

Question: We have rented our house for the past five years and are now able to buy it. Should we remove the mezuzos and reaffix them? Answer: There is a machlokes among the rishonim as to whether the obligation upon a renter to affix a mezuza is mideoraisa or miderabannan . The Sefer Hachinuch (423) and the Nimukei Yosef (Mezuza 6b) maintain that the obligation is mideoraisa , subject to a thirty-day exemption, and this also appears to be the implication of Rashi (Menachos 44a). Tosafos (Avoda Zara 21a), the Rosh (Chulin 8:26) and the Mordechai (Hilchos Ketanos 950), however, hold that the obligation is miderabannan . The Sdei Chemed (Mem 112) notes that this is the majority view. The Pischei Teshuva (YD 286:18; Nachlas Zvi 286:22; 291:2) raises the question of whether one who initially rented a house and later purchased it must recite a new beracha . R’ Moshe Sternbuch (Teshuvos Vehanhagos 2:552) suggests that, due to the principle of taaseh, velo min ha’asuy , that a mit...

Question: When the chazzan recites kedusha during chazaras hashatz, should he say the pesukim together with the tzibbur , or only after they have finished? Answer: The Shulchan Aruch (OC 104:7) rules that one who is still davening shemoneh esrei when the chazzan reaches kedusha should pause and listen quietly, fulfilling their obligation through shomea ke’oneh . The Mishna Berura (104:27) likewise emphasises that someone davening must remain silent during kaddish so that they can hear the chazzan say yehei shemei rabba . The Taz (OC 125:2) and R’ Akiva Eiger (OC 125:1) write that the tzibbur should recite the pesukim together with the chazzan , who says them aloud. However, if the chazzan recites the pesukim  with the  tzibbur , those relying on shomea ke’oneh may simply not hear him. The Mishna Berura (Biur Halacha 125:2) notes that the chazzan should not recite a davar shebikedusha entirely on his own, and therefore raises the possibility of beginning s...

Question: I often struggle to wear tzitzis over a vest, especially in the summer when it gets too hot. I’ve seen undershirt tzitzis that button up on the side. Can I wear these instead of a vest? Answer: The Rosh (Moed Katan 3:43) writes that underwear, such as vests, are not considered proper garments ( begadim ) for fulfilling the mitzvah of tzitzis . R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:25) therefore rules that if one wears tzitzis specifically as an undershirt, they may not be obligated in tzitzis , and one should try to avoid doing so. R’ Ephraim Greenblatt (Rivevos Ephraim 4:15:1) similarly writes that it is ideal not to wear tzitzis directly on the body, as this does not show proper kavod for the mitzva (see Piskei Teshuvos 8:n196). Nonetheless, R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefilla 3:11; n19) maintained that wearing tzitzis on one’s body is not considered a disgrace to the mitzva, noting that using one’s tzitzis to wipe one’s glasses would, howev...

Question: I am buying my first tallis . The shopkeeper told me that as an Ashkenazi, I should choose one with black stripes. What is the reason for this? Answer: Rambam (Tzitzis 2:8) and Rashi (Menachos 41b) write that the tzitzis should be the same colour as the tallis . For example, if the tallis were red, the tzitzis would also be red. The Shulchan Aruch Harav (OC 9:9) explains, based on the Torah’s wording, that the tzitzis should match the corner of the garment in both colour and material. This implies that not only the material but also the colour of the tzitzis should be similar to that of the tallis . Tosafos (Menachos 41b), however, disagrees. They explain that there is certainly no Torah requirement for this practice, although it may be connected to the idea of ‘zeh eli ve’anveihu’ beautifying the mitzva . Similarly, the Rashba (3:280) holds that there is no such obligation. The Shulchan Aruch Harav and Magen Avraham (9:6), quoting the Bach (OC 9:3), writes that th...

Question: Is it true that married men should not recite a beracha on tzitzis ? Answer: The Rema (OC 8:6) rules that one should recite the beracha ‘al mitzvas tzitzis’ prior to putting on a pair of tzitzis ( tallis katan ). The Mishna Berura (8:17) clarifies that this applies to a garment which one places over the head, as distinct from a tallis which is wrapped around the head ( atifa ) before being worn. The Shulchan Aruch (OC 8:13) states that if one dons one’s tallis shortly after putting on one’s tzitzis , a second beracha is not recited. Only where there is a significant hefsek between the two, such as walking to shul , should a second beracha be said (see Taz OC 8:11, Biur Hagra OC 8:25). Nevertheless, the Rema (Darkei Moshe OC 8:3), Mishna Berura (8:24), and Kaf Hachaim (OC 8:41) record that the prevailing minhag is for one who wears both tzitzis and a tallis to recite the beracha only when putting on the tallis , intending that it also include the tzitzis . ...

Question: I brought my child to shul and he began making noise, disturbing others during shemone esrei. Was I permitted to take him out while I was davening ? Answer: The Mishna (Berachos 30b) teaches that one may not interrupt shemone esrei even if a king inquires about one’s welfare or if a snake is coiled around one’s leg. The Gemara (Berachos 32b) clarifies that this restriction applies only in non-dangerous circumstances. The Mishna refers specifically to a Jewish king and to a harmless snake (see Shulchan Aruch OC 104:3). The Vilna Gaon (Biur Hagra, OC 104:3) notes a machlokes regarding whether physical movement constitutes an interruption. According to Rabbeinu Yona (Berachos 21a) and the Rema (OC 104:3), mere movement is not deemed an interruption. However, the Rosh maintains that it is, and therefore one may not move during shemone esrei except in a case of danger. The Magen Avraham (104:3) and Mishna Berura (Biur Halacha 104:3) write that although one should n...

Question: I invited a friend to join us on a trip to the zoo, but he declined, saying that he does not go to zoos. Why is that? After all, is there not a beracha to recite upon seeing certain animals? Answer: The Gemara (Shabbos 149a) teaches that one should not gaze at human or animal statues. The Meiri (Shabbos 149a) explains that looking at such images can have a negative spiritual influence. Based on this, R’ Moshe Greenwald (Arugas Habosem OC 39) writes that one should not look at animals either, and therefore ought not to visit zoos at all. However, R’ Ovadia Yosef (Yabia Omer OC 4:20; Yechave Daas 3:66) points out that the consensus of the rishonim is that this prohibition applies only to statues made for avoda zara . Otherwise, it is permitted to look at them (see Shach YD 142:33; Magen Avraham OC 307:23). He adds that even according to the stricter view, there is no issue with observing live animals. On the contrary, it serves as a way of marvelling at the wonders of H...

Question: What is the correct beracha to recite on homemade frozen grape lollies made solely from grape juice? Answer: The Beis Yosef (OC 202:1) writes that one recites shehakol on aruphi, which the Chida (Birkei Yosef OC 202:2) and Ben Ish Chai (Matos 1:10) explain refers to congealed or solidified grape juice. Accordingly, one would recite shehakol on frozen grape juice . R’ Shraga Feivish Schneebalg (Shraga Hameir 3:32; 8:113) explains that once a liquid begins to solidify, it loses its halachic status as a drink and is no longer considered wine for the purposes of berachos . He adds that one would not fulfil kiddush with frozen wine. Similarly, R’ Shmuel Wosner (Shevet Halevi 9:39) discusses whether wine that undergoes a physical change retains its halachic status. He concludes that since frozen lollies are consumed by licking rather than drinking, the beracha is shehakol . However, R’ Gavriel Krausz (Mekor Haberacha, Teshuva 2) disagrees. He argues that aruphi refers...

Question: I often learn in the room next to the Beis Hamedrash while they are davening . Do I need to join in for Kaddish , Kedusha , or Barchu ? Answer: The Gemara (Berachos 8b) teaches that one must not walk behind a shul while the tzibbur is davening as this creates the false impression that the person is avoiding tefilla . There are several exceptions, such as where there is another shul nearby, in which case it can be assumed that he intends to daven there. This halacha is codified by Rambam (Tefilla U’birchas Kohanim 6:1) and the Shulchan Aruch (OC 90:8). R’ Yosef Shalom Elyashiv (cited in Rivevos Ephraim 1:89), explains that this concern applies only to someone physically present in the shul who refrains from responding. It does not apply to someone learning nearby or passing outside. R’ Shlomo Zalman Auerbach (Halichos Shlomo Tefilla 9:5; n8) rules that someone engaged in Torah learning while a nearby minyan is davening is generally exempt from responding to dev...

Question: May I tour an ancient shul if I don’t intend to daven there? Answer: The Gemara (Megilla 28a), citing the Tosefta (Megilla 2:18), prohibits using a shul inappropriately. This includes eating, drinking, or walking through it without purpose. Accordingly, Rambam (Tefilla 11:6) and the Shulchan Aruch (OC 151:1) rule that one should not enter or stroll through a shul unless there is a specific reason to do so. The Kesef Mishna (Tefilla 11:6) explains that entering a shul simply to relax or de-stress is not permitted; one should enter only to daven or to read from the Torah. The Talmud Yerushalmi (Shekalim 5:4) recounts that R’ Chama bar Chanina and R’ Hoshiya once walked through a shul in Lod. R’ Yitzchak Falaji (Yafeh Lelev OC 151:2) explains that talmidei chachamim may do so, as their walks are considered a form of simchas mitzva , helping to prepare the mind for Torah learning and reflection (see Shaar Hatziyon 151:9). R’ Aharon Epstein (Kapei Aharon 16) notes...

Question: I know that we do not normally daven maariv on the first night of Shavuos until nacht . Can we make an earlier minyan ? Answer: The Shelah (Shavuos 1) states that one must not recite kiddush or begin the Yom Tov meal on the first night of Shavuos until it is nacht (nightfall). As the Torah writes that one must count seven complete weeks of the omer , bringing Yom Tov early would diminish this. The Magen Avraham (494:1) and Pri Chadash (OC 494:1) also write that one must wait until nacht on the first night of Shavuos to recite kiddush . However, the Yosef Ometz (850) notes that he never witnessed anyone in Germany wait until nacht to recite kiddush . He argues that waiting until nacht reduces the time available for learning on Shavuos night. Similarly, the Korban Nesanel (Pesachim 10:2) states that it is not necessary to wait until nacht to recite kiddush and begin the meal. The Mishna Berura (261:19; Biur Halacha 261:2) discusses a machlokes about whether the mitzva...

Question: Is it permissible to recite sheva berachos if the chassan is coeliac and therefore unable to wash for bread? Answer: The Gemara (Pesachim 102b) teaches that one may not fulfil two mitzvos using the same cup of wine. Tosafos explains that this is why we use two separate cups at a sheva berachos meal, one for bentching and one for the sheva berachos themselves. R’ Ovadia Yosef (Yabia Omer EH 3:11:6) infers from this that sheva berachos may only be recited when those present have eaten bread. In a later teshuva (Yabia Omer EH 6:9), R’ Ovadia quotes R’ Shlomo Kluger (Haelef Lecha Shlomo OC 93), who rules that if the chassan does not eat bread, the meal cannot be considered a seudah held in his honour, and sheva berachos may therefore not be recited. R’ Ovadia adds that the kalla must also eat bread in order for the sheva berachos to be valid (see Tzitz Eliezer 13:99:4). R’ Sraya Deblitzky (Sova Semachos 1:19) maintains that bedieved , even if the chassan eats ...

Question: When is the best time to count the omer if I am not davening maariv with a minyan at nacht ? Answer: The Beis Yosef (OC 489:1) highlights a machlokes regarding whether one may count the omer during bein hashemashos (the time between shekia , sunset, and nacht , nightfall). The Rosh, (Pesachim 10:40), Tur (OC 489:1) and Tosafos (Menachos 66a) argue that since counting the omer is miderabanan nowadays, it is permissible to count from shekia . On the other hand, Rambam (Temidin Umusafin 7:22) and the Ran (Pesachim 28a) assert that one should wait until nacht . Following this reasoning, the Mishna Berura (489:14) states that, ideally, one should wait until nacht to count (see Aruch Hashulchan OC 489:7). Other poskim , including the Bach (OC 489:1), Shulchan Aruch Harav (OC 489:12) and R’ Ovadia Yosef (Yechave Daas 1:23) write that it is acceptable to count after shekia . The Shulchan Aruch (OC 489:1) advises that the omer should be counted after maariv . The Mishna Beru...

Question: May we recite kiddush in our kitchen if we plan to eat in the dining room? Answer: The Gemara (Pesachim 101a) teaches that Shmuel maintains kiddush must be recited in the same location where one will eat the seuda . Rav Anan bar Tachlifa observed Shmuel reciting kiddush on the upper floor of his home. He then descended to the lower floor and repeated kiddush before beginning his meal. However, the Shulchan Aruch (OC 273:1) rules that if kiddush is recited in one corner of the house and the meal is eaten in another part of the same house, there is no need to repeat kiddush . The Rema extends this ruling even to a sukka (see Magen Avraham 273:2). As an illustrative case, the Mishna Berura (273:5) explains that if one recites kiddush inside due to rain, and the rain subsequently stops, one may go out to the sukka to eat, without needing to repeat kiddush . Nonetheless, the Mishna Berura (273:5; Biur Halacha 273:1) note that several authorities, including the Ely...

Question: Can one daven maariv after the Purim seuda if they have drunk alcohol? Answer: The Shulchan Aruch (OC 99:1) states that a person who drinks a revi’is of wine should wait a short time before davening . If someone has consumed more than this, they are still yotze , provided they can speak coherently, as one would in the presence of a king. However, if they are unable to speak clearly, they have not been yotze and must daven again once they are sober. The Rema adds that this applies to both the amida and shema . However, one may still recite other berachos in this state. The Shulchan Aruch (OC 185:4) further clarifies that one may bentch even if their speech is slightly slurred (see Magen Avraham 185:3). Likewise, the Mishna Berura (99:8) explains that even if someone has drunk alcohol, they must still recite the shema . However, if they sober up before the latest time for reciting the shema , they should repeat it. The Rema (OC 99:3) observes that slight drunkenne...

Question: May a chazzan take three steps back after completing his silent amida if someone is davening behind him? Answer: The Gemara (Berachos 27a) teaches that one must not walk in front of someone davening the amida . Rambam (Tefilla 5:6) codifies this halacha , stating that it is forbidden to pass within four amos in front of them. The Shulchan Aruch (OC 102:4) clarifies that this prohibition applies only to walking in front, whereas walking alongside is permitted. However, the Mishna Berura (102:17) cites the Zohar, which is stringent even regarding walking beside someone who is davening . The Magen Avraham (102:6) explains that walking in front of another person disrupts their kavana during davening . The Ginas Veradim (OC 1:39) and Chayei Adam ( 1:26:3 ) add that the area where one davens is imbued with the shechina , making it improper to create a separation between the one davening and the shechina’s presence (see Mishna Berura 102:15). R’ Shlomo Zalman A...

Question: I was davening shacharis in a shul where they skipped tachanun, though most people didn’t know why. When I asked the chazzan afterwards, he explained that it was a tzaddik’s yartzheit . Should I have recited tachanun ? Answer: The Shulchan Aruch (OC 131:6) lists various days on which tachanun is omitted due to the simcha associated   with the day, such as Rosh Chodesh and Chanuka . The Mishmeres Shalom (12:4) and Minhag Yisrael Torah (OC 131:3) record a minhag to omit tachanun on the yahrzeit of a tzaddik. They cite Rashi (Yevamos 122a), who notes that it was common practise for talmidei chachamim to gather together to learn on the yahrzeit of the amaoraim, referring to such days as regalim, auspicious occasions. Nonetheless, R' Ovadia Yosef (Yabia Omer OC 3:11:9) strongly opposes this practice, asserting that tachanun should not be omitted unless there is a solid halachic basis. If one were to follow this minhag consistently, tachanun would never b...

Question: I often see the chazzan take three steps back and forward after finishing his chazaras hashatz . Is this necessary? Answer: The Gemara (Yoma 53b) teaches that one should take three steps back upon completing the amida . The Shulchan Aruch (OC 123:1) explains that this is done by turning first to the left, then to the right, and finally bowing forward while reciting ‘oseh shalom..’. This gesture is compared to a servant taking leave of their master. The Beis Yosef (OC 123:1) provides several explanations for this practice. Quoting the Shibolei Haleket (18), he notes that stepping backward symbolises leaving the sacred space of prayer and re-entering the mundane world. The Shulchan Aruch (OC 123:4) rules that the chazzan should only take three steps back after completing his silent amida , not after chazaras hashatz . However, the Rema adds that if the chazzan has not yet recited his own silent amida , he is required to take three steps back after chazaras hashatz ....

Question: I noticed that barechu is recited at the end of shacharis and maariv in Eretz Yisrael, but not in my shul . If someone arrives late and misses barechu , is it appropriate to recite it afterward? Answer: The Beis Yosef (OC 133) quotes the Rivash (334), who notes that some objected to the practice of reciting barechu at the conclusion of davening . Barechu serves as an introduction to the berachos before Shema, much like a zimmun serves as an introduction to bentching . He observes that Rambam does not mention this practise. However, the Rema (OC 133:1; Darchei Moshe 69) justifies the practice, explaining that it is recited at the end of davening for the benefit of latecomers who may have missed the earlier recitation. On Shabbos and Yom Tov, however, this repetition is generally omitted, as it is presumed that everyone arrived on time for barechu (see Mishna Berura 133:2). The Ben Ish Chai (Rav Poalim OC 4:8) and Kaf Hachaim (OC 133:1) maintain that barechu ...