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q&a page 20

967) Q: People say that Rashi's daughters put on Tefilin.  Is there a source for this?

A: ​Though I have heard this as well, I am not familiar with a credible source for this.

 

Though there have been women who donned Tefilin, such as Michal bas Kushi (See Talmud Eiruvin 96a and see Tosefos there. This should not be done nowadays by any women, as it's against the accepted Mesorah etc. and not what Hashem wants), it is very unlikely that Rashi's daughters did so, as Rashi was of the opinion that women may not do any Mitzvos Asei Shehazman Grama, and doing so would be Bal Tosif (See Rashi to Rosh Hashana 33a dibur hamaschil Hanashim MeAkvim)

968) Q: When learning. I often like to bookmark any interesting I want to come back to. Is bending the page or adding a bookmark permitted on shabbos?

 

A: There is no halachic issue with folding the page of a sefer on Shabbos to save its place, according to most Poskim. Other non-adhesive bookmarks are permitted as well. Some Poskim have an issue with adhesive bookmarks, especially if being left there beyond 24 hours.

 

Some question if there is an issue of Hachana, preparing for after Shabbos, if the place-holder is to come back to it after Shabbos, but most Poskim reject this issue, as it can be viewed again on that Shabbos as well.

 

Some Poskim frown upon this method even during the week, as they feel it is disrespectful to the Sefer, but other Poskim allow it, and feel it is in fact considered standard practice, and kavod to the sefer that we want to remember its words and come back to them. 

 

Of course, if the Sefer is not yours, and is borrowed from someone else or belongs to a Shul, this should not be done as the owner may not appreciate you ruining his sefer. (See Shu"t Rivevos Efraim Vol. 1 Siman 223:11. See also Shemiras Shabbos K'Hilchasa Perek 28:16 )

969) Q: I'm in a discussion with someone who claims that it's OK to steal from an Aino-Yehudi.  I looked it up and on the surface it seems she's possibly right. However, isn't it a chilul Hashem which is forbidden. I'm interested in clearing this up because it gives this person a negative impression about Torah chas vshalom.

A: Geneivas Akum, Stealing from an Aino Yehudi is 100% prohibited, and may even be a worse sin than stealing from a Jew. (See Shulchan Aruch Choshen Mishpat Siman 348:2, Kitzur Shulchan Aruch Siman 182:1 and Ben Ish Chai Parshas Ki Seitzei.)


“If one steals from a Aini Yehudi, swears falsely and dies, his death is no atonement for his sin because of Chillul Hashem” (Tosefta Bava Kamma, 10 quoted in a fascinating, must read essay on Chilul Hashem written  by Rav Shimon Schwab Zatzal , and printed in the Jewish Observer in 1988, which can be seen via this link:  https://agudah.org/the-jewish-observer-vol-21-no-1-february-1988shvat-5748/,  page 8).


Ta’us Akum, where Aino Yehudi made a mistake in your favor, is where it may be permissible, if no Chilul Hashem is involved.

970) Q: Pas Shachris.Is this a Halacha or 'simply' recommended advice? Must it be fulfilled with bread or is mezonos,fruit or a drink good as well? Is it possible to mention benefits for fulfilling this important inyan?

 

A: ​The Shulchan Aruch Siman 155:2 writes that it’s a “good idea to get used to eating Pas Shacharis”.

“Pas Shacharis” is literally translated as “Morning bread”.

 

The Mishna Berura (S”K 11) explains that the Gemara Bava Metzia 107b tells us that there are 83 sicknesses that are avoided/cured via eating “Pas Shacharis”, and since it’s a Mitzvah to guard one’s health, it’s important to eat this breakfast meal. (See Shu”t Shevet Haleivi Vol. 4 Siman 16 that while it is a good idea to eat breakfast, not doing so is not a sin)

Some Poskim say that this “Pas Shacharis” needs to be bread, while others say it can be any mezonos item, such as a cereal made from the 5 grains (See Pri Megadim; Mishbetzos Zahav Siman 155 S”K 1), or a pastry.

 

Others say it can be any filling food, even if it isn’t Mezonos. Some even say it can be just a hot coffee, and there is no specific item that must be consumed. (See Kaf Hachaim Siman 155:23 and Aishel Avraham Butchatch on Shulchan Aruch Siman 155)

Rav Chaim Kanievsky Zatzal used to eat a pastry or some fruit each morning, and was not makpid to wash and eat bread.



See also Maharal in Chidushei Agados to Bava Metzia 107b for a deeper take on this matter.

971) Q: If one has a weekly Friday night minyan in his house every week, and there is no Sefer Torah there, do you say Magenn Avos, or Kaddish after vayichulu ? And if you can send source.

A: ​In a permanent minyan, that meets there every Friday night, some Poskim say that Me'eyn Sheva is recited, even without a sefer Torah there, while others require a Sefer Torah there to establish it as a shul. The prevalent custom is to say it in a permanent Friday night minyan even if there is no Sefer Torah there.

In Yerushalayim the minhag is to always say it, even in a temporary minyan. This is based on Kaballah.

 

See Taz Siman 268:8, Mishna Berura Siman 268 S"K 24 and 25 and Shu"t Rivevos Ephraim Vol. 1 Siman 190.

972) Q: As you know, in Eretz Yisrael Sim Shalom is said at mincha on Shabbos, but not in chutz L'aretz. How do we explain this?

A: It's based on customs that developed over the years in various congregations. Both versions are acceptable.

 

One reason given is that Sim Shalom has the words "Toras Chaim" in  the text, and thus we say that  Nusach whenever there is  often the  reading from the Torah, which is Shacharis and Shabbos by Mincha, and also by a fast day by Mincha.

 

The congregations that stick to Shalom Rav by Mincha even on Shabbos and fast days maintain that most Minchas don't have Torah readings, and thus all Minchas stick with Shalom Rav even when there is  Torah reading.

973) Q: In discussing current circumstances, someone noted that Mashiach will come one of 2 ways: (1) either with a great deal of pain and hopelessness for Yidden; or (2) if all do Teshuva, Mashiach will come earlier and without pain. Could you elabortae for us. 

A:There is a concept of Chevlei Mashiach, the pain that precedes Mashiach, similar to the labor before a birth.

 

The Talmud (Sanhedrin 98b) asks, what should one do to be saved from Chevlei Mashiach? The Gemara answers he should get involved in Torah and Gemilus Chasadim.

 

That is the only antidote. 

 

The more we are involved in Torah and Chesed, and other spiritual pursuits, the better off we will be.

974) Q: Do single daughters need to daven mincha before their mother lights candles on Erev Shabbos?

A: No, the bracha on the candles only deems it Shabbos for the  woman  actually  lighting and reciting the brachos over the candles, and not for other members of the household who don't light themselves. Thus they can still do melacha (until close to sunset) and can surely still daven mincha.

See Aruch Hashulchan Siman 263:15

975) Q: At a shiur I attended someone mentioned that they were told that the proper way to bow in Alainu is the same way that one bows at Modim, without bending the knees. When the Rav of our shiur came in he said that is the correct thing to do. We were very surprised to hear not to bend the knees by anachnu korim. Is this the universally accepted practice?

A: The Mogen Avrohom (Siman 132) clearly says L'chro'a U'L'Hishtachavos, to bend the knees AND bow, as not doing so is a sign of kefirah c"v, as it seems like he purposely ISN'T bowing to Hashem.

 

The Mishna Berura Siman (132 S"K 9) cites this too. (He actually only mentions "l'chro'a", the bending of the knees, and not the bowing; I don't think he means to not bow, rather he is citing the importance of bending the knees as well)

 

Another reason brought in the Emek Bracha (who the Mogen Avrohom is quoting in the first place) is that it looks like lying to say "and we are bending our knees and bowing" and then not do it.

 

Bottom line, it is proper to bend the knees at vanachnu Karim, and bow the head/neck at u'mishtachavim.

 

I see many Talmidei Chachamim do this.

For some reason many people only bow the head/neck but do not bend the knees. I am not sure why they skip the bending of the knees.

976) Q: Is it frowned upon to have an illustrated Megillas Esther on parchment? What is the source?

A: While it doesn’t make it Posul, it is definitely not L’chatchilah to read from such a Megilah, according to many Poskim. (See Elya Rabbah Siman 697:7 and Shu”t Rivevos Efraim Vol. 6 Siman Vol. 6 Siman 427).

 

A minority of Poskim are more lenient. (See Shu”t Zera Emes Vol. 1 Siman 100)

 

977) Do animals have an afterlife?

A:This is not a clear cut topic, but since you asked, will answer briefly.

 

The Midrash (Koheles Rabbah 3:22. See also Maseches Kallah chapters 1-2) says that animals do not have an afterlife.

 

In Kabalistic writings, there are some who say that there may be some sort of afterlife for them, but surely not the same as humans.

 

Rav Moshe Cordevero, the Ramak (Sefer HaPardes, Sha'ar HaHeichalos perek 10) disagrees and says they do not. When an animal dies its "soul" stops existing.

978) Q: Can you please tell me why Tehilim has the name of Yitzchok Avinu written as Yischok but we say Yitzchok except at a bris?

A: ​In 4 places in Tanach, our forefather Yitzchok is referred to as Yischak (with the letter Sin instead of the letter Tzadik, the way it is usually written, 100+ times).

 

One of these is commonly recited in the text of the bris Milah ceremony, from Tehilim 105:  אֲשֶׁר כָּרַת אֶת אַבְרָהָם וּשְׁבוּעָתוֹ לְיִשְׂחָק

In Lashon Kodesh, the letters Sin and Tzadik are often interchangeable, and indeed according to many meforshim, the word Yitzchok and the word Yischok mean exactly the same thing; he will laugh. (See Haksav v’Hakabala Shemos 25:29. See also Rav Shamshon Refael Hirsch’s commentary to Bereishis 21:6 and Malbim to Shoftim 16:25)

If so, why then is it written differently in 4 places? See Rabbeinu Bechayei Beresishis 17:19 and Bamidbar 32:3 for an approach.

Some commentaries maintain that they are not identical, and written with a Tzadik it has the connotation of mockery as well as a positive laughter, and written with a Sin it only has the meaning of laughter of Simcha, and thus Yitzchok is the name given before Mashiach comes, and the proper name Yischak will be after Mashiach comes, and the 4 times that it is written properly allude to the 4 galuyos, exiles,. that Klal Yisroel has to endure before Yischak (i.e. Klal Yisroel) can properly have total Simcha and no mockery. (The Gra in Safra d’Tznieusa end of chapter 3, also has a similar idea about the Avos each having 2 names; connoting two aspects of their/our existence.)

There’s a lot more about this in Kabalistic and linguistic writings which are beyond the scope of this forum.

After posting the above, a reader emailed the following point:

Within 24 hours of reading the Q & A re: Yitzchok vs. Yischok  , I came across a Rashi as I was being ma’avir sedra.

 

Rashi , Ki Sisa 32:6 says that VaYakumu L’Tzacheik (besides implying avoda zara) also implies gilui arayos and shefichas damim.

 

The pasuk he brings for shefichas damim is Shmuel (Bais)  2:14 יקומו נא הנערים וישחקו לפנינו "” .

 

It seems that Sechok with the letter ‘sin’ can have negative connotations too.

979) Q: What are the mareh mekomos to not eat olives because they are kasha lishicha and what are the heterim with the mareh mekomos?

 
A: Talmud Horiyos 13b states one who "regularly" eats olives  will forget his learning

 

The Poskim have written a lot about this, and given many reasons and exclusions to this issue, such as that it only applies to Amei ha'aretz,  eating it with olive oil is OK, eating them pickled is OK, eating them less than "regularly" is OK  etc. , and practically most Poskim are not concerned about this nowadays. Interestingly, Rav Chaim Kanievsky Zatzal was makpid and did not eat olives so as not to risk forgetting any of his Torah knowledge.

 

Some sources that discuss this include Rabbeinu Bechayei Bereishis 34:1,  Mogen Avrohom Siman 170:19,  Mor Uketzia Siman 170, Ben Ish Chai (year 2 Parashas Pinchos  siman17,  Kaf Hachaim Siman157:27,Shu"t Salmas Chaim Siman 41, Halichos Shlomo Perek 2 page 23 in footnote.

980) Q: I have been taught (60 years ago) in Bais Yaakov that at the end of shmona esrei after going forward the three steps, we "click" our feet three times. (like kadosh kadosh kadosh) Everyone I know does it.

My granddaughter, here, in Eretz Yisrael was taught that it's a "mistake". I know it's not written in Halacha but there must be some makor to the minhag if everyone does it?

A: There is no source for this "Minhag" as far as I know.

 

Most likely it developed, erroneously, from the proper minhag to lift the heels during Kedusha when saying "Kadosh", "Baruch" and "Yimloch"  (See Rama Siman 125: 2 and Be'er Heitev  there Os 5).

 

Since we are not supposed to go back to our place after Oseh Shalom,(when davening in Shul) until kedusha begins, thus the lifting of the feet by kedusha happens soon after returning from Oseh Shalom. Most likely that turned into a "minhag" to bounce after Oseh Shalom.

981) Q: Please clarify the halacha, segula, of pouring extra wine at havdalah, if it's baal tashchis to waste such wine altogether, and how much extra to use for the segula.

A: It is an accepted minhag, brought in the Poskim (Rama, Taz, Mogen Avraham Siman 296), to spill over some wine as you fill the cup for Havdalah, as this is a Siman Bracha for the week ahead, as "Any house where wine does not flow like water, will lack bracha". The Mishna Berura (S"K 5) does say to not spill too much, but just enough to show that you are doing it for a Siman Bracha, but not to overdo it and waste too much wine.

982) Q: I see you referred to the letter  "צ" as "Tzadik". I believe the proper way to say that letter is "Tzadi".

A: While technically you are correct and the name of the letter is "Tzadi", there is a long and accepted Mesorah going back to the times of the Talmud and the Rishonim to refer to this letter as "Tzadik". Indeed, those who specifically refer to it as such have a strong basis for doing so. This is how it is specifically taught to children in many kehilos.

 

See   Talmud, Shabbos 104a where the Gemara connects the Tzadi to the Tzadik. Rashi to Menachos 29b dibur Hamaschil Shaatnez Getz refers to it as a Tzadik. This is found as well in the writings of the ibn Ezra, the Radvaz and other Rishonim as well.

983) Q: If one ate bread and other things during a meal and somehow inadvertently forgot that they had bread and said Al Hamichiya, what is to be done? Can or must one still recite Birkas HaMazon?

A: He needs to recite Birkas Hamazon, as according to most Poskim  the Al Hamichya  will not suffice.(certainly it doesn't satisfy his D'Rabanan obligation, and possibly not even his D'oraysa obligation). If someone else is reciting Birchas Hamazon, he should listen and have them exempt him, as according to many Poskim that will be the ideal course of action here instead of reciting it himself.

 

See Sha'ar HaTziyun Siman 168 Os 71. See also Elya Rabba Siman 268 S"K 18. See also Kaf Hachaim Siman  187:1 for a more lenient approach, and for some other suggestions of how to proceed. Regarding a reverse case, where one recited Birchas hamazon after eating mezonos items, see Q&A #18 here.

984) Q: Is a bracha recited when one sees Niagara Falls?

A: Some Poskim say to recite  "Oseh Maaseh Bereishis" on Niagara falls. Rav Chaim kanievsky Zatzal and others  held that no bracha is recited, as waterfalls are not listed in the Mishna as things to recite the bracha over.

985) Q: Since Parshas Zachor is considered to be Min Hatorah, and therefore the stringency to hear every word, why is there no Bracha on it ?

 

A: There are various answers given to this question, including the following approaches:

1)      No bracha is recited on a verbal Mitzvah that has no action associated with it.

2)      Chazal did not institute a bracha on destruction

3)      Amalek started up with us because we were lax in Torah study, and we don’t recite a blessing on something that reminds us of our sins

4)      The bracha on the Torah reading covers this Mitzvah as well

5)      It’s an constant Mitzvah, so it never begins or ends for a bracha to be inserted

6)      It’s only a partial fulfillment of the Mitzvah, as the full Mitzvah includes eradicating Amalek, which won’t happen until Mashiach’s arrival

(See Rav Chaim Falaji Zatzal in Yafeh L’Lev Vol. 3 Orach Chaim Siman 695:3, Shu"t Maharam Shick Orach Chaim Siman 336, Shu”t Rashban Orach Chaim Siman 271, Shu"t Mishneh Halachos Vol. 7 Siman 81 and Shu”t L’H oros Nossn  Vol.5 Siman 47)  

986) Q: Where I have a few foods that require separate berachos in front of me, and I make a shehakol first by accident, do I still make the other berachos, if I intended to make separate berachos?

 

A: If you didn't intend for the shehakol to cover the other item, you surely recite a new bracha on those items. (Even if you did intend for that shehakol to cover those items, it is possible you would still need a new bracha, as shehakol is not the correct bracha for them l'chatchila. See Mishna Berura Siman 206 S"K 9 and 10)

987) Q: What if I made a shehakol on water/drink, and then I am served fish?  Do I make a second shehakol?  What if it was in front of me, but I was thirsty and made a shehakol on the drink first - do Imake a second shehakol on the fish?

A: If you did not intend for the shehakol on the drink to cover the fish, the fish will require a new bracha. Especially if it wasn't in front of you.

988) Q: What if I make a mezonos on rice/noodles and then I am served a piece of cake for dessert, do i make another mezonos? 

A: If you had in mind for your bracha to cover all items of that bracha that come out, no new bracha will be required.  This is especially true if the first item is still in front of you.

989)  Q: If a ger (convert to Judaism) gets his certificate during sefira, does he start counting with a bracha or without?

 

A:  This is a much discussed question among the Poskim who debate if a convert during Sefirah is the same as a minor who became Bar Mitzvah during sefirah or not.

 

Practically, the Poskim rule that a convert in this case does not recite a bracha on the remainder of the sefirah counting. 

 

A minor, who counted with a bracha when he was a minor, would continue to count with a bracha after reaching the age of Bar Mitzvah, according to most Ashkenazic Poskim. Many Sephardic Poskim maintain he does not recite a bracha after reaching Bar Mitzvah.

See Aruch Hashulchan Siman 489:15 and Shu"t Yabia Omer Vol. 3 Siman 15, 27 and 28

990) Q: I received an aliyah on Rosh Chodesh while I was still in middle of hallel. Was I allowed to read along with the korai? (I didn't) Were my brachos kerovos livatalah?

A: We are mafsik  - ideally Bein Haperakim - for the brachos in this case, but we do not read along with the Baal Korei. See Mishna Berura Siman 66 S"K 26, regarding Krias Shema. The halacha by Halel is the same, as per Mishna Berura Siman 422 S"K 21. See also Ishei Yisroel Perek 39:47

991) Q: ​A friend of mine was telling me that his friend doesn't know Peirush Hamilos and he feels he should daven in a language he understands.So he davens on the side of the siddur where it has just the English. I told him I'm pretty sure it's wrong , and even though he doesn't understand the teitch still there's something about saying the Tefillah the way the Anshei Knesses Hagdolah set up the siddur.

 

What should he do?

A: While Halacha does allow this, it shouldn't be done nowadays unless really necessary,and only for someone who doesn't know how to read Hebrew, and even then, the translation has to be a precise one, and one produced by a yerei Shomayim who  keeps it loyal to the Lashon Kodesh words of Chazal. One who davens in Lashon Kodesh is Yotzei, even if he doesn't understand the  translation, besides for the first Posuk of Shema and the first Bracha of Shemona esrei.   

 

For Krias Shema, it definitely shouldn't be done in other languages..

 

See Mishna Berura Siman 62 S"K 3. See also Aruch Hashulchan Siman 62:5 and Siman 101 and 185  and  Igros Moshe Orach Chaim Vol. 4 Siman 70:4

For halacha L'maaseh he should discuss his situation with his Rav.

992) Q: ​Do you know the source for "Tehilla L'david" and other pesukim added in some bentchers after Shir Hamaalos' before bentching? It seems some people say it and others don't and I was wondering where it comes from?

A: It is quoted in the  Kaf Hachaim Siman 157:22

 

It is kabalistic in nature, as it is also quoted by Rav Chaim Vital in Sha'ar Hamitzvos Parashas Eikev,  to say  these (and other) pesukim then to thwart the Sitra Achra who lingers at the table.

993) Q: What is the halacha regarding  girls wearing socks and their legs are exposed  above the ankle and below the knee - Is that okay for girls ages 11 and up  to walk around wearing ankle socks that just cover the ankle and down below the ankle and have the part between ankle and knee exposed?
 

A: The "Shok" of a woman is deemed "Ervah" and must be covered in order to be deemed properly Tzanua (Talmud Brachos 24b) , and thus if the "Shok" is not covered, men may not recite Brachos or learn Torah in its presence or gaze at that area,  and the woman in question is deemed not dressed B'Tznius.

 

There is a question among the Poskim as to what the "Shok" is. 

 

Many Poskim consider the entire leg - from the thigh down to the toes - as the "Shok".  

 

Other Poskim maintain that the "Shok" only reaches down to the ankle, but does not include the ankle and below. 

 

Some Poskim rule even more leniently and consider the "Shok" from the thighs to the knees, and deem anything from the knees and below as not needing to be covered M'Ikar Hadin providing that the Torah-observant society where this woman resides, does not cover those parts. (as if the minhag is to cover it, it becomes required due to "Das Yehudis" even if not mandated by Halacha per se)

Practically, most contemporary Poskim  are stringent and require a covering on the entire foot.(As far as what  that covering  needs to be - if it needs to be a skirt, or if tights or socks suffice - each community should follow the standards put in place by their own Rabbanim)

 

Obviously, every woman should consult her own Rav and follow the minhag of the Torah-observant society she is part of, as long as they are abiding by the rulings of their Rabbanim.  If there are people who disregard the rulings of the Rabbanim, and act in a more lenient manner, this does not make the society a place where it is now OK to  not follow the ruling of the Rabbanim, and anyone who does so, besides for their own sin, will also have to give a din V'cheshbon for causing others to sin R"L.

 

To do more research into this topic, here are some sources for you to  study:  Pri Megadim; Mishbetzos Zahav Siman 75:1,  Chayei Adam Klal 4:2, Mishna Berura siman 75 S"K 2, Shu"t Minchas Yitzchok Vol. 6 Siman 10,  Shu"t Igros Moshe Even HaEzer Vol. 4 Siman 100, Shu"t Divrei Yatziv Siman 37, Shu"t Be'er Moshe Vol. 8 Siman 1, Kovetz Teshuvos from Rav Elyashiv Vol 1 Siman 13, Shu"t Shevet Haleivi Vol. 1 siman1; Vol.3 Siman 91, Shu"t Az Nidberu Vol. 7 Siman 3. see also  Piskei Teshuvos Siman 75 footnote 26

994) Q: The Tur and Shulchan Aruch (siman 51) do not require that one say Mizmor L’Sodah standing. Even the Mishna Berura does not mention standing. My question is where did the Kitzur Shulchan Aruch derive the requirement for standing - and many sidurim note to say it standing.

A: Indeed, the Kitzur Shulchan Aruch (Siman 14:4) rules to say it standing - and B'Simcha, with joy. This is an old discussion among the Poskim. Many say to stand, as the Korban Todah was brought standing. This was also the ruling of the Shulchan Aruch HaRav.

 

The Arizal said to specifically sit, for kabalistic reasons.  

 

The long-standing minhag in Ashkenaz was indeed to stand.  Sephardim do not stand.

 

See Sha'arei Teshuva Siman 51 Os 9 and Kaf Hachaim Siman 51 Os 48.  See also Shu"t Rivevos efraim Vol.   4 Siman 22.

 

Each individual should follow their accepted custom.

995) Q: Is it true that one may only say the brocha for Hamapil at least 30 minutes before alos Hashachar to assure that you slept at least 30 minutes before alos?

A: If one will fall asleep before Alos Hashachar (dawn), he may recite Hamapil, even if it's less than 30 minutes to Alos. However, if he is concerned that he may not fall asleep until after it is already Alos, he should indeed not recite Hamaoil at that point. See Biur Halacha Siman 239:1

996) Q: Is it only a custom to stand for Birchos Hatorah or it deemed a birchas Hamitzvah which we are required to stand up for?

A: The Beis Yosef (Siman 8) based on the Talmud Yerushalmi rules that Birchos Hamitzvos should be said while standing. Since Birchos HaTorah is considered a bracha on a Mitzvah, presumably it would be included in this Halacha. Some Poskim (including the Shulchan Aruch HaRav Siman 8:3) rule this way, and many people do indeed follow this custom to stand for Birchos Hatorah. (See Shu"t Yaskil Avdi Vol. 8 Siman 3:3 that L'chatchilah they should be recited while standing. He also brings Kabalistic sources for this being important.)

 

However, many Poskim maintain that only for Mitzvos that need to be done standing ( like Shofar, Halel) do we need to recite their Bracha while standing as well. However, for Mitzvos that may be done while sitting ( e.g. Mikra Megila) we do not require standing for the bracha either.  Thus since nowadays we do not need to stand while learning Torah, we may also recite the brachos while sitting (See Talmud  Megilah 21a and Pnei Yehoshua there. This is also the psak of the Pri Megadim Peri Megadim Siman 432; Mishbetzos zahav 3 and Aruch Hashulchan Siman 47:7. See also Shu"t  Yechaveh Da'as Vol. 5 Siman 4 where Rav Ovadia Yosef Zatzal rules this way, and cites the  Rama M'Pano Siman 102:7, and others ruling this way as well)

 

Bottom line: There is definitely value in reciting them while standing, but it is not required, according to many Poskim. 

997) Q: After eating a meat meal, how long should I wait before eating fish? Does it matter if I ate chicken and not meat?

A: There is no need to wait between fish and meat  , or between meat and fish.

 

All that is necessary is to drink something between the 2 (See Sha'ar Hatziyun Siman 173:2 quoting the Chochmas Adam 68:1)

(Some people avoid water, and instead use whiskey or  wine; see Q&A #852 here for more about this)

 

Some Poskim say to eat something parve as well, in addition to the drink. if you dip a food into a drink, and eat that, that suffices for food & drink. (See Mishna Berura Siman 173 S"K 4 quoting the Rama Yoreh Deah Siman 116: 3. See also commentary of the Perisha there Os 23)

998) Q: Am I allowed to light a yahrzeit candle - to commemorate the memory of a loved one - on the second night of Yom Tov from an existing candle?

A: It is best to light a yahrzeit or Yizkor candle before Yom Tov (Use a 2 or 3 day candle if necessary).

 

If it was not lit before Yom Tov it is best to light it in a Shul or in a room in the home where you will benefit from its light.

 

Athough some allow lighting it in any case just as an honor for the deceased, as this is deemed a Mitzvah, some Poskim are more stringent. (See Biur Halacha Siman 514 Dibur hamaschil Ner Shel Batalah. See also  Kitzur Shulchan Aruchj Siman 98:1 and Kaf Hachaim Siman 514:79)

999) Q: Why on Monday and Thursday Nusach Sfard first says Ashrei Uva Letzion and then returns the Torah to the Aron, while Nusach Ashkenaz first returns the Torah and then say Ashrei - what's the reason why they do it differently?

 

A: The Aishel Avraham (Butchatch) Siman 149 explains that those who say Ashrei and U'va L'Tzion first, before putting the sefer Torah away, do so in order to ensure people do not take off their Tefilin before saying the words " Yehi Ratzon Shenishmor Chukecha..." in U'Va L'Tzion, as those words are akin to the bracha that people in Eretz Yisroel used to recite when taking off their Tefillin 

 

Those who put the Sefer Torah away first, is due to not wanting people to remove their Tefillin in the presence of the sefer Torah, which is not respectful.

 

Regardless which Minhag the Shul follows as to when they put away the Sefer Torah, it's important for the Tefillin to not be removed - any day - before those words are recited, and it's important not to remove the Tefillin while the Sefer Torah is still out. 

 

It's also extremely important not to leave shul before Ashrei and UVa L'Tzion is recited, as the Shefa of Bracha that comes down from Shomayim, due to our davening, comes down during Ashrei and UVa L'Tzion, according to the Sifrei Kabbalah, and it would be a shame to run out of Shul early (presumably to go to work to be blessed with Parnassah) when the actual blessing that could have been received is missed due to running out.

1,000) Q: In a program I an enrolled in, there is a meditation class and the teacher came around and did a few minutes of reiki on the participants. Is reiki allowed according to Halacha?

 

A: Rieki, and other similar “spiritual energy healing” methods is a subject of debate among the Poskim if it is 100% mutar, 100% asur, or falls somewhere in between.

 

Rieki originated as a pagan worship practice, laden with chants directed at avoda zara, and that was 100% forbidden to the point of Yaharog V’Al Yaavor, as with all other idol worship.

However, the modern version used nowadays presumably does not involve any religious aspects to it, and does not have any chants and the like, rather it is employed strictly as a healing method.

Some Poskim still do not allow it, as it is still traced to its avoda zara roots. Furthermore they forbid it, as they deem any “spiritual energy healing” a form of sorcery. and not a natural refuah that is allowed.

Other Poskim, however, feel that the modern method is permitted, as it does not involve any actual avodah zarah, and they also deem these kinds of energy healings as natural and not sorcery or other form of supernatural power.

Bottom line: before having reiki done to you, or before becoming a practitioner to do it to others, you must consult a Rav to discuss if and how it may be OK.

1,001) Q: In a treatment program I am in,  there are men in their late teens and and early twenties. If they need chizuk can I  give it to them? I am a female, significantly older than them by 30+ years

A: In most cases, especially in programs where the participants tend to get close to one another, and where participants often seek relationships with like-minded individuals who understand what they are gong through, it is very dangerous for the 2 parties to be of opposite genders. 

 

Men should assist men, and women should assist women.

 

Mixed chizuk, especially one-on-one, is extremely dangerous on many levels, as experience has shown time and time again. Age is not a factor in this, as the Yetzer Hara is equally cunning at any age. Al Ta'amin B'Atzmecha Ad Yom Mosecha!

 

It's always adviseable to consult a Rav about all aspects of participating in such programs

1.002) Q: Is it OK to put super glue or wax on any part of the Tzitzits that easily comes undone? For example the knots themselves? Or on the ends to prevent them from fraying?

A: Yes, according to most Poskim, it's OK to put a little glue to keep the kosher knots  from opening.

(See Shu"t Shevet Haleivi Vol. 10 Siman 8)

1,003) Q:  Is there an actual Mitzvah to check the Tzitzits in the morning by pulling the knot tighter?

A: The Tzitzis should be checked every few days to make sure they did not open or tear. They don't need to be checked daily M'Ikar Hadin, as if you saw that they were OK when you put them away the day before, you can rely on their Chazaka that it is still OK the next day, especially nowdays as our Tzitzis are well manufactured.  

 

However, many people do check them each morning before reciting the bracha, to ensure they are kosher, and this is a good custom, which takes little time or effort. (See Mishna Berura Siman 8 S"K 22)

You don't have to pull them tighter each day; a visual inspection suffices to ensure they are tied properly and kosher, though it's a good idea to pull them each day, to make sure they are tight.

Note: A shul Talis used by the Ba'al Tefilah or by others getting Kibudim etc. should be checked each time before use to make sure it is still kosher, as it is more common for the Shul talis to develop kashrus issues and thus it does not have a chazaka that it is kosher.

1,004) Q: Should Tzitzis / talis be checked on Shabbos? Is there an issue of tightening if loose?

A: The knot of tzitzis on a Talis katan or a talis Gadol may not be tightened on Shabbos. According to Rav Shlomo Zalmen Auerbach Zatzal and other Poskim, the knot may not even be adjusted loosely, and they may not even be pulled together to get them closer to the place of the knot on Shabbos.

 

Best to check before shabbos. Also, a good idea to check and tighten the Shabbos Talis on Motzaei Shabbos before folding it and putting it away, so it will be ready to use next Shabbos without any issues.

1,005) Q: I just bought a new Talis, can I recitea "Shehechiyanu"  on the Talis?

A: Yes, the minhag of many people is to recite Shehechiyanu on a new Talis Gadol, the first time they put it on , even if they do not usually recite the bracha on other articles of clothing, as nowadays there is often less simcha for new clothing than there used to be.



(See Halichos Shlomo Perek 23:15. Some people get a new fruit, and recite it over the fruit and also have in mind the Talis)

1,006) Q: I know that silver stores don't sell 7 branched candlebra because of the issur of making something like the keilim of
the Bais Hamikdosh. Yet I have seen  7 branched candelabra made of crystal being sold in some Judaica stores. What exactly is the
halacha? Is glass okay? 

A: The Talmud (Rosh Hashana 24a and Menachos 28b) teaches that crafting 7-branch candelabra is biblically prohibited (based on Shmos 20:20)

There is a discussion among the Rishonim and Poskim as to what type of 7-branch candelabra is prohibited. Does it have to be an exact replica of the Menorah in the Bais Hamikdash, or even if it is somewhat similar, or even if it is not similar at all. (See Bechor Shor and Meiri to Rosh Hashna 24a. See also Shu”t Chacham Tzvi Siman 60 and Shu”t Salmas Chaim Siman 272)

The Shulchan Aruch (Yoreh Deah  Siman 141:8) rules that any 7-branch candelabra  made from any type of metal, even if it isn’t gold, is prohibited, as that would be acceptable in the Bais Hamikdash, B’dieved.

Rav Moshe Feinstein Zatzal (Igros Moshe Yoreh Deah Vol. 3 Siman 33) rules that any 7 branch candelabra crafted from a non-metal material such as earth, bone  or wood is permitted, even if it looks identical to the one in the Bais Hamikdash, as these materials are not kosher for use in the Bais Hamikdash. See also commentary of  the Shach and Rav Akiva Eiger to the Shulchan Aruch ibid.

 

The same applies to glass and crystal, and it would be permitted according to many Poskim. 

1,007) Q:  Is one allowed to swallow the food that is tasted on Erev Shabbos Chazon ,which is during the 'nine days'?

A:In general, it is a Mitzvah to taste the food on Erev Shabbos to make sure it tastes good for s Shabbos and to see if it needs salt, spices etc. (Mogen Avraham Siman 250:1 quoting the Arizal)


However, on Erev Shabbos Chazon, if it is fleishig food, it should not be swallowed, rather it should be tasted and spit out if possible.(See Shemiras Shabbos Khilchasa Perek 42:61. Please note that food that is tasted but not swallowed, does not get a Bracha before this tasting. See Shulchan Aruch Orach Chaim Siman 210:2

Some Poskim are even more stringent and don't allow any tasting, even if spit out. (See Shu"t Avigdor Halevi from Rav Nebonzal Shlita page 390)


Chacham Ovadia Yosef Zatzal allowed tasting and swallowing a small amount ( less than a kzayis)  to make sure it is deemed fit for Shabbos.(See Chazon Ovadia Perek 1:14)


Every individual should consult their own Rav for Halacha l'Ma'aseh.

#Beinhametzorim

1,008) Q: Does one fulfill the mitzvah kesivas sefer Torah by filling in a letter?

A: While it is a Mitzvah B'Alma to be involved in this, it is not a fulfillment of the Mitzvah of Kesivas sefer Torah. That Mitzvah is only fulfilled by the one who owns it fully. If 2 or more partners own a sefer Torah, many Poskim hold they do not fulfill the Mitzvah either, so surely  by merely writing a letter or two in a sefer Torah not owned by you you don't have that fulfillment. (See Aruch Hashulchan Yoreh Deah Siman 270:11 and Shu"t Igros Moshe Yoreh Deah Vol. 1 Siman 163 toward the end of the Teshuva.) 

 

The Bais Efraim Yoreh Deah Siman 63 holds that partners who write a sefer Torah are yotzi the Mitzvah, but he too would agree that by just writing a letter you don't get a kiyum of  Mitzvah #613

1,009) Q: Is there any issue  with using an Aino-Yehudi barber?

A: Halachically, there is no prohibition. Kabalistically, however, it is not good to get a haircut from an Aino-yehudi barber, especially if a Jewish barber is readily available.  See Pele Yoetz; Giluach

 

Also, why not give the Yid barbers the Parnassah?

 

Also, in many instances, Aino-yehudi barbershops are not the best venues to be in, as they have forbidden reading material, music, language etc. to contend with.

1,010)  Can you please clarify what you meant when you wrote [ in Hilchos Netilas Yadayim L'Seudah]  that if the water is not suitable for netilas yadayim, the Bracha is al tevilas yadayim? If it isn’t suitable, how can you wash with it? I previously learned that if you are dipping the bracha is al tevilas tadayim. 

A: Water that is not suitable for a dog to drink, such as very salty water (sea water) , or water that is very bitter or otherwise sullied, may not be used for NETILAS yadayim, washing of the hands.(Shulchan Aruch Siman 160:9)

 

However, that water is still kosher for a Mikvah, and thus is kosher for TEVILAS  yadayim, dipping of the hands.(See Mishna Berura  Siman 160 S"K 38)

 

When dipping the hands in water which IS  suitable for netilas yadayim, the bracha recited remains Al Netilas Yadayim.(Shulchan Aruch Siman 159:20)

When dipping the hands in water which is NOT  suitable for netilas yadayim, the bracha recited is Al Tevilas Yadayim (See Mishna Berura Siman 159 S"K 97) or Al Shetifas Yadyim (View of a minority of Poskim, including the Shulchan Aruch HaRav. See also Piskei Teshuvos  Siman 159:23)

1,011) Q: Is it true that if someone is not fasting on a ta'anis, that person cannot receive an Aliyah when layning? 

A: Surely by Mincha on a fast day, a person who is not fasting should not receive an Aliyah.  By shacharis too, according to most Poskim he should not get an aliyah, especially if it's on a day when there otherwise would not have been Krias Hatorah. See Shulchan Aruch Siman 566:6 and Mishna Berura there.

 

According to many Poskim, someone who is not fasting should not be the Ba'al Korei for Krias hatorah on a fast day. See Shu"t Be'er Eshek ( from Rav Shabsi Be'er; printed in Venice in 1674) Siman 21. See also shu"t  Rav Akiva Eiger, Mahadura Tinyana, Siman 1)

1,012) Q: How soon should a Matzeiva be put up after someone is Niftar and is there any issur involved if it is not put up in time?

A: There are various customs as to when a Matzeiva should be erected. Some say as soon as during the Shiva, so that it is already up by the time the Aveilim get up from Shiva. Kabalistically, this is important, as according to Kabalah the Neshama has no complete rest until the Matzeiva is erected. This custom is more popular in Eretz Yisroel. Some have the custom to do it for the shloshim (after 30 days have passed from the death)

Other  Poskim maintain that the Matzeiva should not be erected until after the first yahrtzeit, as doing so is a show of respect to the deceased, showing him /her that we did not forget about them even after a year.  This custom is  very prevalent in Chutz L’Aretz.

Every person should follow the  minhag of their family/community. (See  Elya Rabbah Siman 224 and Aruch Hashulchan Yoreh Deah Siman  376:1. See also  Pele Yoetz;Kevura, Shu”t Minchas Elozor  Vol. 3 Siman 37, Gesher Hachaim Siman 28:2 and Shu”t Minchas Yitzchak  Vol. 4 siman107)

There are no isurim involved, however, if it is delayed, for whatever reason.

1,013) Q: Are you allowed to knit or do embroidery during the 9 days if it was started before and you don't finish it ?

A: Knitting, embroidery etc. is prohibited during the nine days. There is no difference if you already started it beforehand, or if you want to start it now. (As quoted by Rav Shimon Eider zatzal in his sefer Halachos of the Three Weeks, page 11)

#BeinHametzorim

1.014) Q: Please discuss what to do if one forgot to say Nachem on Tisha B'Av by Mincha, or if he forgot to say Aneinu. .

A: If one forgets to say ‘Nachem’ in its proper place in the bracha of V’Lirushalayim Ircha, the Mishna Berura (Siman 557 S”K 2) says to insert it right before saying “V’sechezenah Eineinu”. When inserting it here, do not end with the conclusion of ‘ Baruch Ata Hashem Menachem Tzion U’Bonei Yerushalayim’, rather the ending of V’sechezenah… Hamachzir Shechinaso L’Tzion suffices, as Tzion and Yerushalaim are one and the same (See Sha’ar Hatziyun Os 3)

The Kitzur Shulchan Aruch (Siman 124:19) rules that if one forgets ‘Nachem’ he should insert it after ‘Aneinu’ in Shma Koleinu, and omit the concluding bracha of ‘Baruch Ata Hashem Menachem Tzion U’Bonei Yerushalayim’, rather just end Ki Ata Shomea Tefilah…


According to the Kitzur Shulchan Aruch, if one already concluded the bracha of Shomea Tefilah, he does not need to repeat the Shemona Esrei or otherwise make up the missed ‘Nachem’. However, if one wants to follow the Mishna Berura’s ruling cited above, he can still make it up by V’Sechezenah.
Being that this bracha of ‘Nachem’ is only recited once per year, it is a good idea to try and make sure not to forget to say it in its proper place.


As well, if one omitted ‘Aneinu’ (on Tisha B’Av as well as on any other fast days) and he already concluded the bracha of Shomea Tefilah, he does not go back, even if he didn’t yet start the next bracha.


He should, however, say Aneinu at the end of Shemona Esrei, in Elokai Netzor, before taking three steps back. (See Shulchan Aruch Siman 557:1 and Mishna Berura Siman 565 S”K 6 and 7

1,015) Q:  I’ve heard that there is a concept of one owning seforim in lieu of an actual Torah and this will fulfill the obligation to own a Torah. Is this true, and if so are you able to provide sources? 

A: Yes, this is the opinion of the Rosh (Menachos 30, Hilchos  Sefer Torah) and  other Rishonim, that nowadays when a sefer Torah is kept in the Aron, and Torah is learnt via other seforim, writing and/or buying Seforim to learn from is  a fulfillment of the Mitzvah of Kesivas Sefer Torah. 

 

The  Bais Yosef Yoreh Deah Siman 270 maintains that the Rosh does not mean to negate the original Mitzvah of writing an actual sefer Torah, only that there is an additional way to fulfill this Mitzvah nowadays. Other Poskim, however, such as the Perisha and the Shach maintain that the Rosh means to say that nowadays the Mitzvah is to write/purchase seforim to learn from, and NOT to write a Sefer Torah that won't be learnt from.

1,016) Q: Is a child mekayaim the mitzvah of kibud av if he stands up just a bit?

Same question regarding an elderly person. Is one mekayaim the mitzvah of "takum" when he stands up just a bit?

A: The chiyuv is to stand fully, Melo Komaso., not just a slight raising of the body.

(See Chayei Adam Klal 67:7. See also Aruch Hashulchan Yoreh Deah Siman 240:24 where he writes that this is a davar pashut)

1,017) Q: We make it a point in several situations to say a bracha before another bracha which itself has no opening "Baruch atah Hashem. 

 

For example in the case of Elokai, Neshama, and in the case of tefillas haderech. However, in the case of the morning bracha ending in "Mekadesh es Shimcha barabim", we do not seem to do this. Why is this?

A: 1. The Arizal held not to conclude that bracha with sheim umalchus, indicating he didn't deem it a full fledged bracha.

 

2. In the pirush iyun Tefila in the Sidur Otzar Hatefilos, he says the bracha is a continuation of "Baruch Sheim Kevod Malchuso" that we just said, so THAT is possibly its opening bracha.(The Gra held not to say V'Ahavta at that point, and go directly from "Baruch Sheim Kevod Malchuso" to Ata Hu Hashem...."

1,018) May a minor, under Bar Mitzvah age, blow the Shofar in Shul after Shacharis during the month of Elul?

A: Ideally, this should not be done by a minor, as it isn't proper Kavod HaTzibur. However, if there is no adult present that is able to blow, the minor can do it B'Dieved, as this blowing is just a Minhag. ( Ruling of Rav Chaim Kanievsky Zatzal, quoted in Gilyon Divrei Siach Parashas Ki Seitzei 5784)

1,019) Q: If I have already been yotzi hearing the shofar and I blow at home for my wife at home in the afternoon, who makes what bracha?

A: If you were already Yotzei, you do not recite the Brachos when blowing for women. They may recite the brachos themselves (if they are ashkenazi women. Sephardic women do not recite brachos on Mitzvos Asei Shehazman Grama)  (See Shulchan Aruch and Rama Siman 589:6)

 

If you are blowing for another male, you may recite the brachos again for him, even if you already fulfilled the Mitzvah earlier. Thus, if you are blowing for a group containing men and women, you may recite the brachos again and exempt  all in attendance.

1,020)  Do you have any sources related to not saying Avinu Malkeinu on Shabbos? I

A: The Levush ( Siman 584) says that Avinu Malkeinu was  composed by Rebbi Akiva to mirror the weekday Shemona esrei  (Chaneinu v'Aneinu for chonen hada'as; Hachzireinu B'Teshuva for Hashiveinu; slach u'mechal for Slach Lanu and so on). Hence, when we would say the weekday shemona esrei, we also say Avinu Malkeinu, while on Shabbos we wouldn't.

 

The Mogen Avraham  9Siman 623) adds a reason of not asking Bakashos on Shabbos, yet by Neilah we say it anyhow, even on Shabbos, as a) shabbos is already over and b) it's an emergency time of the sealing of the decree.

1.021) Q: When it’s too early to put Talis and tefillin on and we put on by yishtabach does the Baal tefilah stop before yishtabach to put on and the rest of the shul puts on after they say yishtabach, or does the Baal tefilah also do it after yishtabach?

A:  the Ba'al tefilah also puts it on between yishtabach and Kaddish, like everyone else. It is not deemed a hefsek  between  Yishtabach and the kaddish. See Mishna Berura Siman 54 S"K 12

1,022) Q: My teacher told us that there were no monkeys on the Teiva. Is that possible?

 

A: One who sees an elephant or a monkey for the first time recites the Bracha of Baruch Ata Hashem Elokeinu Melech HaOlam Meshaneh HaBriyos.  (Shulchan Aruch Siman 225:8)

 

The reason these 2 animals are singled out for this Bracha, when apparently all animals in the animal kingdom have their own unique and often strange appearance, is as follows:

 

The Talmud (Sanhedrin 109a) tells us that one of the punishments that Hashem meted out to the Dor Haflaga ,The people who tried to build the tower to heaven and wage war on Hashem, was to turn them into monkeys. (Unlike the evolutionists who absurdly believe that mankind evolved from monkeys, Chazal tell us that in fact the opposite is true and monkeys actually evolved from man!)

 

Thus, according to this Gemara, monkeys were seemingly not created during the 6 days of creation, and were only “changed” from humans as a punishment. Thus the Bracha of “Meshane HaBriyos- Changes the creatures” is perfectly understandable!

 

See Maleches Shlomo to Mishna in K’layim Perek 8:6  Dibur Hamaschil Hapil V’HaKof where he alludes to the above and also adds that elephants understand  the language of man, and thus are “different” and require  this Bracha. See his commentary at length for more on this. See also Meiri to Brachos 58 Dibur Hamaschil HaRoeh.

 

According to this, it is possible that there were no monkeys (and possibly no elephants) on the Teiva, as they were not in existence during the Mabul!

It is, however, possible that there were indeed monkeys and elephants at Creation, and Hashem turned the sinners into those creations, but not that they didn’t exist before at all. And the bracha of “Meshaneh HaBriyos” can just mean that these 2 creations underwent a change during the Dor Haflaga.

1,023) Q: Would toilet bowl cleaner tablets that are colored be a problem to use on Shabbos?

When you flush the toilet, "colored" water from the tank comes out because of the tablet that is in the tank. Is this a problem of coloring on shabbos?

A:This is a subject of dispute among the Poskim.

 

Some allow it L’chatchila, maintaining that the issur of Tzovea, coloring, doesn’t apply to liquid, as it isn’t absorbed, or because it is being done indirectly, B’grama. (See Shu”t Tzitz Eliezer Vol. 14 Siman 47 and Shu”t Ohr L’Tzion Vol. 1 Siman 29)

 

Others prohibit it totally. (See Shulchan Shlomo Siman 320:31, 3 and Orchos Shabbos Perek 15:64)

 

Some say while it isn’t outright prohibited, it is still better not to use these colored deodorizers, and rather opt for the clear ones.

 

If you find yourself in a situation where it is already in, and you need to flush the toilet, there are many Poskim to rely on that it may be flushed.

 

Some Poskim will advise removing the tablet (with a Shinui, as it may be Muktzah) before flushing, if possible.

1,024) Q: Is a woman allowed to put up a mezuzah?

A: While there are opinions that do not allow it (Yeshuos Malko Hilchos mezuza  Perek 5 Halacha 10, Shu"t Be'er Moshe Vol. 2 Siman 100) , the normative Halacha follows the opinion that does allow it, especially if not doing so will lead to living in the home without mezuzos, which is prohibited. ( See Shu"t Chasam Sofer Yoreh Deah Siman 271 and Shu" t Shevet Haleivi Vol. 2 Siman 158. See also  Shu"t Eretz Tzvi Vol. 1 Siman 15)

 

When a woman affixes a mezuzah, she recites the blessing as well:  אַשֶר קְדִשָנוּ בְּמִצְווֹתָיו וְצִיווָנוּ לִקְבּוֹעַ מְזוּזָה

 

For halacha L'Ma'aseh every individual should consult their own Rav.

Regarding a woman writing a mezuza, see Q&A #296 here

1,025) Q: Is Al Naharos Bavel, recited before Birchas hamazon, a Halachic requirement or a minhag?

 

Answer: It is a minhag, based on Kabalistic sources. (See Mishna Berura Siman 1 S"K 11 quoting the Shelah Hakadosh, that it is recited on days that we say tachanun. On days that we don't say Tachanun, we substitute Tehilim 126, Shir Hammalos beshuv Hashem es Shivas Tzion)

1,026) Q: When it’s too early to put on  Talis and Tefillin  and we put them on by Yishtabach,  does the Baal Tefilah stop before Yishtabach to put on while the rest of the shul puts on after they say Yishtabach  or does he also do it after Yishtabach?

A: The Rama Siman 53 and Mishna Berura S"K 8 say the Shatz should put it on before Yishtabach, and then say some additional pesukim, followed by Yishtabach and kaddish

 

The Mishna berura Siman 54 SA"K 12 says the shatz should put it on after Yishtabach, just like everyone else.

 

So how do we deal with this seeming contradiction?

 

The Poskim say as follows: If the tefillin are available, or if it is already time to put them on before Yistabach, the Shatz should do it then, and thus avoid interrupting between Yishtabach and Kaddish.,

 

If the Tefilin are not yet available, or if the time has not yet arrived to put them on, then Yishtabacj should be recited first, connected to pesukei D'Zimra, and only then put on the tefillin, and although it will be a hefsek between Yishtabach and kaddish, we are not concerned about this minimal hefsek, as putting on tefillin with a bracha, in this case, is more important.


 

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