Dose of Halacha

Question: I forgot to put my Shabbos kettle on before Shabbos so took a thermos flask to my neighbours to fill up, though they thought it could be an issue of hatmana . Can one fill such a flask on Shabbos? Answer: The Gemara (Shabbos 51a) teaches that the issur of hatmana , insulating foods on Shabbos, only applies to the pots in which the food was cooked, though not to any container into which the food is dispensed. As one knowingly cools the food by transferring the food, it is unlikely that one will then heat the food. Rashi explains that by transferring the food, one demonstrates that they don’t mind if the food loses a little bit of its heat. One would, therefore, be able to insulate the second container. Rambam (Shabbos 4:5) explains that chazal only prohibited insulating the food in the pot in which it was cooked. The Shulchan Aruch (OC 257:5) follows Rambam. R’ Moshe Feinstein (Igros Moshe OC 1:95) writes that according to Rashi, one may not be allowed to transfer hot ...

Question: I know that some people eat in the sukka on Shemini Atzeres while others don’t. My parents aren’t religious and so I don’t have a specific custom. What should I do? Answer: The Gemara (Sukka 47a) writes that there is a machlokes as to what one should do on Shemini Atzeres in chutz laaretz when there is a safek as to whether to treat it as the seventh or eighth day of Sukkos. The Gemara concludes that one should not shake the lulav and esrog though one should sit in the sukka without reciting the beracha, leishev basukka (See Rambam, Sukka 6:13; Rema OC 668:1; Yechave Daas 2:76). Tosafos explains that as people sometimes sit in a sukka during the year, it is less obvious as to why they are doing so than shaking one’s lulav and esrog . R’ Tzadok Hakohen wrote a sefer (Meshiv Tzedek) defending the practice of not eating in one’s sukka on Shemini Atzeres. Likewise, t he Aruch Hashulchan (OC 668:4) justifies this minhag explaining that Tosafos’ rationale would...

Question:  I heard that one is supposed to build their sukka on Motzaei Yom Kippur, but I don't always have the strength to do so after fasting. How important is it? Answer: The Rema (OC 624:5; 625:1) writes that it is ideal to begin building one’s sukka immediately after Yom Kippur to transition from one mitzva to another. The Pri Megadim (Mishbetzos Zahav 624:3) and Mishna Berura (624:19) add that one should complete assembling it the following day. The Kaf Hachaim (OC 625:11) emphasises the importance of building one’s sukka personally rather than delegating the task. As a minimum, one should place some sechach themselves. The Pri Megadim (Eshel Avraham OC 625:1) discusses whether one who is unable to build the sukka immediately after Yom Kippur should appoint somebody else to do so on their behalf. On the one hand, it is always preferable to perform a mitzva at the first opportunity. On the other hand, it is better to carry out mitzvos personally rather than by appoin...

Question: I am scheduled to be on security rota on Rosh Hashana morning and don’t know if I’ll make it back in shul for the beginning of the shofar. What should I do if I arrive late? Answer: The Shulchan Aruch (OC 590:2) writes that one must listen to at least 30 sounds of a shofar . The Mishna Berura (585:11) writes that one who wasn’t present for the berachos should recite them quietly by themselves before the baal tokea begins blowing. If one comes in and doesn’t have time to recite the berachos before the blowing then one can no longer do so as they have fulfilled the mitzva mideoraisa by hearing thirty blasts. The Kaf Hachaim (OC 585:39) quotes the Pri Haaretz (9) who writes that one can still recite the berachos . Tosafos (Sukka 39a) and the Rosh (Sukka 3:33) write that if one picks up the lulav and esrog before they said the berachos they can still recite them as they are still involved in performing the mitzva when they shake them (See Mishna Berura 651:26) ....

Question: We are going on holiday on motzaei Shabbos . Can we order a taxi before Shabbos to be waiting outside our house the minute Shabbos ends? Answer: The Shulchan Aruch (OC 307:4) allows one to give a non-Jewish person money before Shabbos for them to purchase something providing that they don’t specify that they should buy it on Shabbos. The Taz (OC 307:3) writes, however, that if one tells the non-Jewish person that they’re leaving on motzaei Shabbos , it is as if they specified that it must be purchased on Shabbos as there is no other realistic time for them to purchase it. Following this, R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 6:25) writes that one mustn’t book a taxi to be waiting for when Shabbos ends as inevitably, one is instructing the taxi driver to drive to their location on Shabbos. One would have to wait at least as long as it would take for the driver to arrive from the taxi rank or an average journey. R’ Shalom Gelber and R’ Yitzchak Rubin (Orchos Shabbo...

Question: Our 11 year old son got up on Shabbos morning and switched the kettle on to make himself a drink forgetting it was Shabbos. Could we have used that hot water? Answer: The Gemara (Sukka 42a) teaches that parents are obligated to teach and train their children to do mitzvos. The Mishna Berura (128:123) explains that this age varies between different children and mitzvos. The Gemara (Yevamos 114a) teaches that one mustn’t instruct children to carry in a reshus harabim on Shabbos though one may allow them to do so of their own volition. Thus, Rambam (Maachalos Asuros 17:27) writes that the beis din does not need to protest against children who are eating non-kosher food or breaking Shabbos. The Shulchan Aruch Harav (OC 343:1) adds that one must prevent children doing a prohibited melacha for an adult, however. The Mishna Berura (318:5) writes that if a non-Jewish person performs a prohibited melacha on behalf of a Jewish person on Shabbos then one must not benefit fr...

Question: We’re making sheva berachos on Shabbos. Are our non-Jewish waiters allowed to wash our dishes afterwards or do we need to ask them to come back after Shabbos? Answer: Rambam (Shabbos 23:7) writes that one is not allowed to wash dishes on Shabbos for use afterward. Such hachana, preparation, is prohibited as it is akin to mesaken , fixing things. The Ra’avad, however, explains that it is prohibited because it is an unnecessary tircha, effort. R’ Yisroel Dovid Harfenes ( Nishmas Shabbos 4:364) suggests that this machlokes would make a difference to our scenario. According to Rambam one wouldn’t be allowed to ask a non-Jewish person to do the melacha on their behalf while according to Raavad, it should be permitted as there is no reason to prevent non-Jewish people from expending effort on Shabbos. While the poskim generally follow Raavad in this machlokes , he writes that the poskim do not allow asking non-Jews to perform hachana unnecessarily. The Magen Avraham ...