Dose of Halacha

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 paragr...

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 (Se...

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 considere...

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...

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 thes...

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...

Question: I arrived at shul and realised that I had forgotten to make my eruv tavshilin . Can I rely on my Rav to make eruv tavshilin on my behalf? Answer: The Shulchan Aruch (OC 527:7) states that the Rav should make an eruv tavshilin on behalf of anyone in his community who forgets or loses theirs. However, one cannot depend on this as a substitute for making an eruv themselves. If someone forgets to make an eruv two consecutive times, it is no longer considered accidental, and relying on the Rav's eruv would not suffice (Baer Heitev OC 527:6). If someone arrived at shul and realises that they forgot to make an eruv before Yom Tov, they should go home if there is still time to make one. Alternatively, they may call home and ask someone else (such as their wife) to make it on their behalf. The Tiferes Yisrael (Beitza, Boaz 2:1) mentions that one can designate food at home and omit the words " behadein eruva , (with this eruv )." However, R’ Yitzchak Yaakov Weiss (M...