HALACHA FOR TODAY

101) Q: First of all thank you so much for the great mitzvah you have undertaken in Chinuch. I no longer can say I did not know …therefore I can do…. My question relates to the saying of the “after bracha”. After having made #Havdala should I recite the Al HaGefen as I have drunk the cup of wine?

A: Yes, Al HaGefen must be recited after reciting Havdalah and drinking the cup of wine. Of course, if less than a revi’is was drunk, the Al HaGefen is not said. However, ideally a revi’is should be drunk, and thus Al HaGefen will be required.

 

102) Q:[You wrote:]“All the Halacfchos of Chazaras HaShatz apply as well to the Bracha M’Ein Sheva that is said by the Ba’al Tefilah on Friday nights after Maariv (Baruch Ata…Mogen Avos B’Devaro…Mekadesh HaShabbos”) (Kaf HaChaim Siman 124:16)” Does this apply as well that the SHATZ should keep both feet together?  Bow during ‘Boruch Ata’? as a regular Chazaras Hashatz?

A: This is a machlokes HaPoskim. The Mekor Chaim, Tzitz Eliezer and others hold that  he should bow. Other Poskim including Shaarei Zevulun, Yabia Omer, Shu”t Zeh HaShulchan hold that it is forbidden to bow then. The Shu”t B’Tzel HaChachma Vol. 4 Siman 111 says the Machlokes is  if we hold it is exactly like Chazaras HaShatz (and thus should bow) or it is not exactly like Chazaras HaShatz (and thus may not add extra bowings beyond  Shemona Esrei). I didn’t see anyone discuss what position the feet must be in, but that again would probably be dependant on the above Machlokes.

Therefore, according to the Kaf HaChaim that I mentioned in the Halachos, it would be required to  keep feet togetehr and bow at “Baruch Ata”. This seems to be how most contemporary Poskim say to do it. I saw in the Sefer “Tefilah K’Hilchaso” that he quotes Rav Elyashiv shlita that M’Ikar HaDin it shouldn’t be done, but since this is the Minhag of most of Klal Yisroel, it should not be stopped.

 

103)Q: First of all, thank you so much for the daily halachos.  I am learning so much and I appreciate all of your efforts; you are doing great things! My question is:  If you eat fruit/candy/ice cream/ etc. after a bread-meal, you make a separate bracha on the dessert.  But do you also make a new bracha on dessert after a NON-bread meal???  What if the dessert was on the table at the time that you made the bracha on the meal-food?

A: If the “dessert” food ,or any other food or drink throughout the meal, is of a variety whose Bracha you did not yet recite, then surely you make a new Bracha.

 

If the new food is of a variety whose Bracha you did recite, then it would depend on a few things to determine if you need a new Bracha or if the new food item is exempt.

 

The following is by no means an exhaustive synopsis of Hilchos Brachos, as that would be impossible in this forum. Rather they are a few general rules to help you determine the right  Halacha in your situation.

 

a) When reciting the original Bracha, you must have in mind that you want this Bracha to cover any other items that have the same Bracha that may be brought out within this meal, even if they aren't presently on the table.

 

b) The new food must be less “Choshuv- important”, otherwise a new Bracha is required. For example, if you recite a bracha on an orange and later on they bring out grapes or another of the “7 species” a new Bracha is required. Likewise, a Mezonos on rice will not cover cake. (Unless you had specific intent at the time of the Bracha to cover the more choshuv item as well. Also, if one likes the less Choshuv item more than he/she likes the more Choshuv item, then B’Dieved you do not make another Bracha on the item you like less, even if it is intrinsically more Chashuv.)

 

c) If when you recited the Bracha you did not have any other food/drink in mind, the things that were on the table at the time of the Bracha are exempt (besides the more Chashuv foods, which are not exempt even if they were on the table, without special intent to exempt them). Whatever is brought in afterwards, if it is not the same type of food, needs a new Bracha. (There are certain exceptions to this rule as well, depending if any of the original food that you made a Bracha on is still on the table). If it is the same type of food (another orange) then according to some Rishonim no new Bracha is required. B’Dieved, we rule like this opinion.

 

d) If one usually eats a certain food/drink together with or immediately after a different food ( e.g. A glass of cola is always drunk with his/her fried chicken), then even without having any specific intentions, we assume that he/she did have that intention and no second Bracha is required when the second food/drink is brought to the table.

 

e) Some Poskim (including Rav Yosef Shalom Elyashiv Zatzal) rule that if you are sitting down to a “meal” even if no bread is being eaten, it is considered like a meal and one Bracha Rishona exempts everything of that variety of Bracha that comes afterwards, as that is a normal practice nowadays to eliminate the bread form a “meal”. According to this opinion, it may indeed exempt “dessert” food that is of the same variety that you already made a Bracha on, even if it wasn’t on the table at the time.

 

Please keep in mind that these halachos are very complex, and a very small variation in practice or intent can totally change the halacha requirement.



For Halacha L’Maaseh in your specific situations, please consult your Rav.

#brachos #brachaondessert

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104)Q: Do men have halachos of tznius?Is having sheva brachos with men and women who aren't married at separate tables halachicaly mandated or is it just a sensitivity?

A: Of course men have Hilchos Tzniyus! It just manifests itself in different ways than women.  Tzniyus is an attitude. Tziyus is a way of life. Tzniyus is in how we act, how we talk, how we interact with one another, how we behave in public, how we behave in private, how we think, how we dream, who we are friends with, who our role models are, who we respect, who we look up to, how we raise our children, which music we listen to, which publications we bring into our home and read,  etc. etc.
Regarding the Sheva Brachos, men and women, should not sit at the same tables, and should preferably  have a Mechitza (or at least some visible separation such as a buffet table etc. dividing them). Though this isn’t necessarily strict Halacha, it can definitely lead to many Halachic problems if they arent separated properly. Also, even if it’s only a “sensitivity” issue, it should still be avoided for that reason. Tzniyus issues apply  to single people as well as to married people.

 

Incidentally, the word " Tznius"  means more than just dressing modestly. The Mishna uses the word " Tzanua" to describe one who is scrupulous in his general observance of Torah and Mitzvos. See Pirush of the Rambam to Kelayim  Perek 9 Mishna 5 and Ma'aser Sheini Perek 5 Mishna 1 

(Click Here for archives of Hilchos Tzniyus for Males/Teshva).

#tzniyus #tzniusformen

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105) Q: The Olam on the bus [where we review your Halachos on the way to work] wanted to know the mekor of the minhags to take the 3 steps back before [beginning] Shemona Esrai and why we should begin those 3 steps with the right foot? Also the olam asked if a lefty actually has a weaker foot  as implied by the halacha that after the shemona Esrai lefties take the first step backward with the right foot? Also if you are sitting in your seat for the shmona esrei due to the bus moving around, do you still move your feet back 3 steps and forward since you are not moving at all (this is obviously different than the case of the wheelchair that you brought down since in that case your body is moving backward and forward) Thank you as always, we have such a geshmak with these halachos. Someone actually told us this morning that he takes our bus just so that he can hear the divrei halacha!!
 

A:1) The Mishna Berura quotes the Elya Rabba that there is no need to take the 3 steps back before taking the three steps forward but he says that the prevalent Minhag is indeed to take the 3 steps backwards  The Steipler's Minhag was  like the Elya Rabba not to take the three steps backward, and simply to move up three steps and begin Shemona Esrei (Orchos Rabeinu Vol. 1 Siman 193)

 

The Poskim say that it is correct to take these three steps  (both backwards and forwards) beginning with the right foot, unlike after finishing Shemona Esrei when the left foot goes first. See Mishna Berura Siman 123:13. The reason for the weak foot  first after Shemona Esrei, is so it shouldn't seem like we are eager to leave the presence of the Shechina. So when we are ready to start Shemona esrei and stand before the Shechina, we do indeed do this with our stronger  first first, which apparently gets there quicker ,thus the difference for righties and lefties whose feet are not of the same strength either halachically.

 

2) Regarding the three steps back on the bus, if it isn't possible to do this while standing, and isn't possible to somehow move your whole body backwards, then indeed you should move your feet backwards to sort of be yotzei the inyan of "3 steps". The Gemara Yoma 53b says that  one who doesn't take three steps back is better off not davening at all, so we try to do whatever is possible to at least mimic these three steps when they can't be done in a normal way.

#shemonaesrei #halachaforlefties

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106) Q: In a previous Q and A, you said that if you were not sure whether you had enough [to eat] for a Borei Nefashot, you can ask someone to Motzei you. I thought that this prayer was one that you could not include others on?

 

A: Why would this Bracha be one that someone else cannot be Motzei you? Although not ideal, in certain situations it is acceptable, and in fact the best option.

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Follow up Question from the same reader: Well, for instance Birchat Hamazon you can not say for others, correct? I thought the 3 faceted blessing was the only one you could say for another  with them in mind.

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A: Why do you assume  by Birchas Hamazon  that one cannot be Motzei another?

 

In fact, The  Shulchan Aruch HaRav Siman 213:2 and 3  and other Poskim say that for Birchas HaMazon L'Chatchilah one person can indeed be Motzei other people. In fact if you read the text inside, you will see that by Birchas HaMazon it  is more universally accepted to do this in the first place, whereas by Bracha Achrona it is only acceptable in special circumstances, as I will outline below:

 

Although it is best to make a Bracha on your own, if one isn't sure if he made a Bracha  Rishona he may  ask someone else to be Motzei him L'chatchilah. See Mishna Berura Siman 167:49. See Biur Halacha Siman 174  toward the end of Dibur HaMaschil Yayin Poter.

 

The same Halacha applies when one is unsure if he can make a Brocha Achrona  of Al haMichya or Borei Nefashos(or one who is  unable to say it, or doesn't know it by heart etc.) he/she  may ask someone else to be Motzei them. This is the opinion of the Rashba always, and we pasken this way in circumstances where one cannot make it him/herself. See Taz Siman 213:1. and Mishna Berura Siman 213:9.

 

A male over the age of 13 may be Motzei any one individual or an entire group. A female  over the age of 12  may be motzi any one individual or a group of women, but cannot be motzei a group of men (Psak of Rav Shlomo Zalmen Auerbach Zatzal quoted in  Halachos of Brochos by Rabbi Yisroel Pinchos Bodner)

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A boy under 13 and a girl under 12 may be Motzei other Children, but not adults

 

 

107) Q: Does one who is in middle of Shemona Esrei have to stop davening completely when he hears Kaddish being recited? 

Also can one answer to Kedusha and Barchu if he hears it from a minyan that is davening  after Zman Tefilah?

A: 1) Yes, when Kaddish is being recited it is best to stop and listen to the “Amen Yehei Shemei Rabbah” of Kaddish until after “Yisbarach” (according to the Mishna Berura 104:27) or until after “D’Amiran B’Alma V’Imru Amen” (according to the Machtzis HaShekel), without actually saying the words.

 

The same applies to anytime during the rest of davening that you hear “Amen Yehei Shemie Rabbah”, though very often you may even be permitted to answer, and not just listen, depending on which part of the rest of davening you are holding.

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2) B’Dieved, under certain circumstances (Oin’es etc.) one who davens after Zman tefilah, though he doesn't have Kiyum of Tefilah B’Zmanah can still daven until Chatzos, and if you hear Kadish or Kedusha from such a minyan, you may indeed answer.

 

However if one is davening after 1/2 hour after Chatzos he isn’t Yotzei and his Brachos are L’vatalah. (See Biur Halacha Siman 89 Dibur Hamaschil V’Achar).

 

Therefore, Rav Yosef Shalom Elyashiv Zatzal Paskened that it is forbidden to answer Amen to Kadish, Kedusha etc. of such a minyan.

 

The Maharam Shik Siman 91, however seems to be matir to answer (his case discusses one davening Mincha after the zman) as does the Eishel Avraham (Butchatch) Siman 108.

 

For Halacha L'Ma'aseh a Rav should be consulted.

#tefilah #zmantefilah

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108)Q: Is one required to recite a brocha achronah on a hot drink? e.g. coffee ?

 

A:This is a huge Machlokes HaPoskim. The Chasam Sofer’s minhag was to recite a Borei Nefashos after drinking a hot tea (Shu”t MaHaram Shick Siman 263.Incidentally, in Minhagei Chasam Sofer they write that he used to request his tea to be extra piping hot! Yet he still paskened like this. See also Sh”ut Maharam Shik Orach Chaim Siman 85).

 

The accepted Psak, however (as the Mishna Berura beginning of Siman 210 writes) is as follows: Unless a revi’is is drunk at one time, in a short amount of time (which isn't usually possible with hot drinks) a Borei Nefashos isn’t recited.

 

The best thing to do is to drink the last revi’is (3-4 ounces) after they have cooled, in one gulp thus you will need to make Borei Nefashos according to most opinions. ( There is an opinion of the Chida in Sefer Birchei Yosef  Orach Chaim Siman 204:6 that has a different approach to this. See archives of Hilchos Brachos , Halachos for Aug. 5, 2009, for more about this.)

#brachos #brachaachronaonhotdrink

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109)Q: Can one use  moist  hand or face wipes  when one needs to clean his hands  in situations  when one is required to clean his hands   e.g.  before davening  mincha  or after one touched a [usually covered] part of his body?

A: Ideally one should wash his hands with water (as we discussed in the  Hilchos Tefilah). If water isn’t available then  the hands can be cleaned with other items, presumably a moist wipe would be just as good as a different cloth, which is one of the accepted substitutes.

#tefilah #washingfortefilah

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110)Q: [You wrote]: “The “Kedusha” consists of the phrases “Kadosh…”, “Baruch…” [and according to some opinions, also "Yimloch..."]. Any additional stanzas that are added on Shabbos and Yom Tov aren’t really part of the “Kedusha” Therefore, if one is middle of his/her own silent Shemona Esrei when the Chazzan reaches Kedusha. They need to stop and “listen” (or if in middle of Elokai Netzor, stop and recite) to only the above two [or three, according to the opinions that count "Yimloch"] sentences, and then can continue their silent Shemona Esrei.” Isn’t this considered a hefsek {Shomea K’oneh}of my tifilah that I am in the middle of?

A: That’s a very good question. It seems from the Poskim that “Shomea K’Oneh” would only be a Hefsek if you are stopping to listen to something that is a Chiyuv Gamur for you to say, thus by listening via “Shomea K’Oneh” it would be like you actually said it and be a Hefsek. For this reason, Rav Shlomo Zalmen Auerbach Zatzal paskened that you may not listen to Havdalah while in the middle of Shemona Esrei, whereas kaddish and Kedusha isn’t a Chiyuv gamur for you to say, so even though you are being Yotzei by listening, it isn’t as if you said it and thus isn’t a Hefsek. Regarding listening to Krias HaTorah while in middle of Shemona Esrei, Rav Shlomo Zalmen held it’s a hefsek. The Chazon ish held not to do it, but if done, you are Yotzei.

#shomeakeoneh #shemonaesrei #hefsek

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111) Q: On Chanukah, Does a person have to stay with the lit candles for the full half hour? For example, to rush and make an appointment one will have to leave the neiros alone?

A: Once the Chanukah Menorah is lit, there is no halachic obligation to sit by the candles for half an hour, or any length of time. As long as there is enough oil (or a long enough candle)  to burn for the right amount of time, you have satisfied the Mitzvah.

 

However, many people do indeed have a custom to sit by the Menorah for half an hour and learn, pray or sing Chanukah songs or otherwise occupy themselves with Chanukah related subjects,  and this is indeed a praiseworthy minhag.( Besides the danger involved in leaving candles burning in an empty home.See Mekor Chaim, from the Nesivos, Siman 672)

#chanukah #menorah #chanukahcandles

 

112) Q: On Shabbos Chanuka, I will be in a hotel for a Simcha from Friday afternoon til Motzai Shabbos. What is the Din for lighting Chanuka Friday evening?

A: One who is not home, and is spending the night in a hotel must light in the hotel.

 

According to many Poskim the ideal place is in the room in the hotel that you will be sleeping in and not  in the dining room, as this room is "reserved" for you. (Psak of Rav Yosef Shalom Elyashiv Zatzl. Rav Moshe Sternbuch Shlita in Shu"t Teshuvos V’Hanhagos Vol. 3 Siman 215:14 paskens like this as well, unless there is no window in the room, then he maintains it’s better to light at the window in the dining room)

 

Some Poskim (Rav Nissim Karelitz Zatzal and others) maintained that it is best to light in the dining room, especially if there are others there for the same reason as you (family simcha, Yarchei Kallah etc.)  as that makes it as if the entire "family" is together, and thus the proper place to light.

 

Obviously, if the hotel doesn't allow  lighting fires in the rooms, it is best to rely on those Poskim that  say to light in the dining room.

#chanukah #shabboschanukah #chanukahinhotel

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113) Q: Can a mourner for a parent (an Avel) , within the twelve months of mourning, lead Mincha on Erev Shabbos?

In addition, does a mourner within the twelve months lead Mincha and/or Maariv on Chanukah?

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A: The Poskim discuss the times when an Avel should not daven, and one of those times is Mincha on Erev Shabbos. ( This minhag is from the Likutei Mahrich  quoted in Piskei Teshuvos  Siman 267:1. He brings from the MaHaril that the Minhag in Frankfurt was that an Avel did not daven Erev Shabbos Mincha)

 

However, some Poskim argue, and say that an Avel can, and should in fact daven on Erev Shabbos Mincha. In the Sefer Pnei Baruch (Siman 35) he quotes the father of the shl”a HaKadosh who says that on days when Tachnun is not recited (which would presumably be the reason for the minhag not to daven on Erev Shabbos at Mincha, according to those who follow that minhag) it is in fact a Mitzvah for an Aveil to daven for the Amud. 

 

The Mishna Berura too (Siman 581:7) writes that one may daven on a day that Tachnun isn’t recited. In fact the Pnei Baruch also writes there that this that Aveilim do not daven on Shabbos is only a minhag, but there is no Issur!

 

The time when the Aveilim do not daven is when ”LamnaTzeach …Yaancha Hashem B’Yom Tzara/Tziduk HaDin” is not recited. And even then it is a Machlokes HaPoskim as to which Tefilos are better for an aveil to not be the Shliach Tzibbur.

 

On Rosh Chodesh some Poskim say that an Avel should not daven at all, while others maintain that only for Hallel and Musaf he shouldn’t lead, but Shachris, Maariv and Mincha are OK. Others maintain that for Shachris too he shouldn't be the Ba’al Tefilah. (See Mishna Berura ibid.)

 

On Chanukah an Aveil may daven Mincha and Maariv, but not Shachris and Hallel. (See Mishna Berura 683:1 and 671:44)

 

There are Poskim who maintain that on Chanuka, even for Mincha and Maariv, an Avel should not daven for the Amud (Shu”t Rivevos Ephraim Vol. 1 Siman 443 says this was the opinion of Rav Moshe Feinstein Zatzal. See also Shu”t Divrei Moshe Siman 84)

 

For a final ruling, a Rav should be consulted, of course or at least the Gabbai of the Shul who may know the “Minhag HaMakom”, which should be followed.

#aveilus #avel #erevshabbos #chanukah

 

114)Q: [You wrote regarding one who hears kedusha while in the middle of the silent Shemona Esrei: “ if in middle of Elokai Netzor, stop and recite to only the above two [or three, according to the opinions that count "Yimloch"] sentences, and then can continue their silent Shemona Esrei.”  I  think you should tell the audience that the Mishna Brura says this is only b’dieved, and le-chatchila one should end any tachanunim one is saying (including Elokai Netzor) and step back so that he can say the full Kedusha (or Kaddish).

A: The Shulchan Aruch  Siman 122 does say that you should shorten your Shemona Esrei (i.e. stop saying Elokai Netzor) and take three steps back so you can say Kedusha properly. However, the Mishna Berura says that  if you are doing this, you must first say “Yihyu L’Ratzon”  and not simply take three steps back in middle of Elokai Netzor.

 

However, the Poskim do allow  a person to simply answer the 2 (or 3) verses in middle of Elokai Netzor and then continue where they stopped, especially if a person has certain Bakashos he really wants to daven for in Elokai Netzor.

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115)Q: I was wondering: if I am a lefty, should I be walking the three steps forward[when starting Shemona Esrei] with my left foot first and the three backwards [after Shemona Esrei] with my right foot?

A: Yes, you should take the three steps forward (approaching Hashem)  with your stronger foot, thus a lefty would do this with the left foot. When “taking leave of Hashem” after Shemona Esrei, start with your weaker foot, thus a lefty would start with the right foot. (For  archives of Halachos for lefties, click here)

#halachaforlefties #shenonaesrei

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116)Q: Should a wife light the Chanuka menorah before the husband comes home from work if  by the time he comes home it will be after the zman? and should the husband wait for the wife if she is not home at the zman?(and let her light on her own when she comes home).  Lastly what should one do if he is at a chanukah party and the zman hadlaka arrives. he will not be in his house until later. what should one do? not leave his own house until he lights?

A: The wife should wait for the husband and the husband should wait for the wife and light when both are present, as long as they will all get together before the time of “Tichle Regel min HaShuk- when people are no longer in the streets”.

If her husband is away and will not be back until very late that night after most people are already sleeping, the woman should light at the proper time.

The reason for this is because nowadays that we light inside it is more important to light when everyone [in the family] is present and get the Pirsumei Nisa, rather than  light alone at the ideal time. (See Shulchan Aruch and Ram’a Siman 672:2. The Seforim also quote a Mekor Chaim  that says that it is best to wait until the entire family is present. The Nemukei Orach Chaim says that a lot of Chasidic Rebbes also light very late as they want all the Chasidim to be present and thus get more Pirsumei Nisa. See also Shu”t Az Nidberu Vol. 3 Siman 30:3 and Shu”t Shevet halevi Vol. 4 Siman 66 for  various variations in this Halacha as far as what time is considered ” Tichle Regel” nowadays.)

#chanukah #menorah

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117) Q: Concerning Channuka lights, can one wait until after the brochos to light the candle that he holds in his hand to light all the others or is that a hefsek between the brochos and the lighting?

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A: It is probably better to have the candle you are using to light with, lit before you start the Brachos. Though, if it's not I doubt it is a real Hefsek as it is being done for the sake of the Chanukah lights.

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118 got deleted :(

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119)Q: You mentioned (See Archives Hilchos Chanukah Here)  that “Kvitlach” is unfortunately prevalent in today’s times, and that it is a “minhag” that is improper and bottom line leads to a situation of moshav leitzim. First of all, is it really something that is common these days that the Biur Halacha and Aruch Hashulchan felt the need to mention its severity?! Besides, where would the heter even be found for such a “minhag” to allow it to take place to begin with (how did something like this start anyway)? Also, I learned somewhere (don’t remember where) that playing Dreidel (even with money) is a minhag that is acceptable and even advocated for? If that’s the case, can you please explain why one is allowed and the other isn’t? I take it the nafka mina would be the actual cards?

A: I am happy to hear that in your circles it isn’t a prevalent minhag!
But unfortunately in many circles (I will not identify any specific communities, neighborhoods or sects) it is quite common to have these “games”. I have witnessed these games and been invited to them on more than one occasion (though, after a while of turning down these “invitations” they stopped coming Baruch Hashem)
Dreidel, on the other hand is an acceptable game (And its origin has sources in Sefarim HaKedoshim as Minhag Yisroel. See Taamei HaMinhagim Os 859) as long as the “pot” of money is designated to belong to everyone, and thus it wouldn’t be gambling, and also no real money is at risk. The Chasam Sofer was known to play dreidel on Chanukah and it is the Minhag of various Chasidic Rebbes to do so as well. (See Piskei Teshuvos Siman 670:4 for more on this topic).

#chanukah #kvitlach #dreidel

 

120) Q: I had an interesting question regarding snow and hilchos shabbas. What is the reason for snow being “muktzah”? (which I know is a very misunderstood category of hilchos shabbas to begin with) What melachos would be involved in playing with snow? Or sweeping it out of the way (not shoveling, but with one’s boot for example) to make a path easier to walk on? Just curious…because it snowed this passed Shabbos!

 

A: Snow which fell on Shabbos, according to many Poskim, is muktzah do to its being “Nolad”, something which came into existence on Shabbos, and thus couldn't have been set aside before Shabbos for any permitted use. Moreover, even snow that fell before Shabbos, according to these Poskim, is “Muktzah Machmas Gufo - intrinsically Muktzah” due to it not having any use as animal feed or any other use (similar to a rock or sand) (Opinion of Rav Moshe Feinstein Zatzal , quoted in Sefer Tiltulei Shabbos and others)

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Some Poskim rule that snow (as long as it’s not too dirty to use) is not Muktzah, even if it fell on Shabbos (as the water which formed the snow was in existence before Shabbos, thus it isn’t Nolad). Even according to these Poskim, it is still prohibited to form “snowballs” or “snowmen” on Shabbos. (Opinion of Rav Shlomo Zalmen Auerbach Zatzal quoted in Shmiras Shabbos K’Hilchaso and others)

 

According to Rav Shlomo Zalmen Zatzal it would be permitted to clear a path of snow on Shabbos regardless when it fell. If by clearing the path it will prevent people from Chas V’Shalom slipping and getting injured, it would probably be permitted according to Rav Moshe Zatzal as well.

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Follow Up Question from same reader:

 

Q: Just a follow up question to Rav Shlomo Zalman Auerbach’s psak in the last part about clearing a path, would that make shoveling mutar? Does he mean clearing a path just with a boot or by means of walking on it? or is a “kli” for removing snow permitted?

 

A: If it isn’t easily moved with your foot, a shovel can be used, especially if being done to prevent injury R”L. Though it is best to use it with a Shinui (in a different manner than it is used during the week) if possible. It is also best to designate the shovel before Shabbos for such a use, to satisfy all opinions. (Based on Psak of Shmiras Shabbos K’Hilchaso)

 

For Halacha L'ma'aseh, of course, consult your Rav.

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#shabbos #snowonshabbos #muktzah

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121) Q: I just read your answer about the eggs/onions/etc. Wow! I never knew that – so does that mean the same thing if it was left overnight INSIDE the refrigerator? If I have a salad or tuna fish with scallions/onions in it and it’s a lot so I want to refrigerate it, I can’t? Also, on the topic of onions, I once heard that there’s something special about them (and I heard there are a few other foods that I do not know about) in reference to kosher – like milk and meat – something to do with it being “spicy….”?

 

A:Being in the refrigerator doesn't help. However as it said in the answer:  “if the onion was prepared and mixed with other foods ( salt, oil, mayonnaise, etc.) there is no problem and it may be prepared and left overnight and eaten the next day.”

Therefore your onions which were part of a salad or tuna, are OK.

Regarding your second question: Yes, Onions and a few other “sharp” foods are considered “Davar Charif- sharp item” and therefore have special Halachos when it comes to Kashrus. For example, an onion that was cut in half with a Fleishig knife becomes Fleishig. Onions that were fried in a milchig frying pan, become milchig etc.

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Follow Up Question from same reader regarding my response: With regard to the “davar charif” laws – does that mean if I cut an onion with a meat knife and then mix it in with a salad (neither meat nor dairy) I should not use a dairy utensil? And does that make me actually “meat” – like would I wait for 6 hours before dairy?

A:Yes, the salad that contains onions cut with a Fleishig knife, should preferably not be eaten with a Milchig utensil, as it very possibly has rendered the entire salad Fleishig. (There are too many variables to this which may change the Halacha, but its  too lengthy  a discussion for this email)

If the knife in question was clean when the onion was cut, then there is no need to wait six hours after eating the salad before eating milchig again. (Chidushei Rav Akiva Eiger to Yoreh Deah Siman 89. This is also the ruling of Rav Moshe Feinstein Zatzal, as heard from Rav Yisroel Reisman Shlita, as in this case the “Fleishig” is not Moshech Ta’am.). However, if you are Fleishig, you  need to wait 6 hours before eating a Davar Chariif that was cut with a milchig knife, according to many Poskim.

#davarcharif #kashrus

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122) Q:  You wrote regarding sucking a candy before davenig: "The “eating” that is prohibited before davening is only a “Kzayis” or more, according to the Poskim. I imagine your sucking candy is smaller than a Kzayis, and thus would be OK, especially if it is being eaten to help you learn.”

My understanding is that that if one waits a kdei achilas pras (I would think le-chumra 9 minutes) one can eat another one without problems. 

 
A: True, after 9 minutes another one can  surely be eaten without a problem and it won't be Mitztaref to the first one for the shiur.
 

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123)Q: I want to know if its against halacha to copy music from other people. Some people claim its not, since you’re not actually stealing something.

A:

Firstly, according to Rav Moshe Feinstein Zatzal and other Poskim (including Rav Shmuel Wosner , Rav Chaim Pinchas Scheinberg and Rav Yisroel Belsky Zichronam L'Vracha) you are prohibited from copying any item that has been created by someone else, if that person is selling it. This would apply to jewelry, art, Sefarim…and copying Torah or music recordings as well.

 

The reason is that doing so will cause the creator of the item to lose sales, and thus lose money due to your action and is Gezeilah (See Igros Moshe Orach Chaim Vol. 4 Siman 40:19)

 

Therefore, many contemporary Poskim pasken that if you bought the CD or music download and you want to make an additional copy for yourself (let’s say to keep one at home and one in the car) it would be permitted, as most people don’t, and wouldn’t, buy two copies, and making the second copy for yourself is not causing the creator to lose a sale. But to copy someone else’s CD for your own use is prohibited.

 

The fact that a song is an “intellectual creation” makes no difference, and one who steals it is guilty of the sin of stealing. This is especially true if the music CD or download in question is specifically sold on this condition (as most are nowadays) which in most cases can withhold certain “rights” from the buyer, thus one cannot claim that “I bought it, and it is now mine to with as I please, including copying etc.)

 

Furthermore when there are copyright laws in effect which prohibit the copying of the music, it would also be prohibited Halachically based on the concept of “Dina D’Malchusa Dina- that a Jew must obey the civil laws of the host country he/she resides in” (See Shach Yoreh Deah 165:8)

 

Although certain Rabbanim have ruled that even for personal use (as a second copy) is prohibited, one may rely on the above Poskim and indeed make a copy for personal use.

 

However, one who relies on “Heterim” to initially copy a music CD or download is probably transgressing a “D’Oraisa” of Geneiva. Is it really worth becoming a thief to save a few dollars?

 

Keep in mind that stealing - of any kind - is a terrible sin and is one of the things that prevents our prayers from reaching Hashem!

 

In fact, in the final vidui of Ne'ilah on Yom Kippur we specifically mention the sin of stealing (oshek yadeinu) as opposed to just including it with the rest of our collective sins, as stealing is one of the worst sins a Jew can do, and is also very hard to avoid totally, as it includes so much more than just pickpocketing someone or robbing a bank. It is extremely vital for all Jews to be extremely careful to not do anything that even resembles theft.

 

The Midrash (Yalkut Shimoni Vayikra 25:60) teaches: "A person can have a basket full of sins, but Gezeila mekatraig b’rosh, the sin of stealing is the first to prosecute!

 

And, if you think you are "saving money" by stealing, nothing can be further from the truth. Stealing causes more financial - and other- loss and pain in the long run than any imagined gains. Hashem sees everything! (One who steals will incur a loss of that amount - or even more - somewhere else in their life, as Hashem allocates an exact amount of money to each individual on Rosh Hashana, and we cannot outsmart Hashem)

 

The Yetzer Hara to copy music is very strong- but that is exactly waht it is; a yetzer Hara to sin. May Hashem give us all the strength to be stronger and live with honesty as is becoming of the Am Segulah!

#geneiva #gezeila #coyingmusicinhalacha

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124)Q: You mentioned that Al Hanisim is to be recited in the Birchas Hamazon[ on Chanukah], why not in the Al HaMichya {Mein Shalosh} that is recited after cake, wine and such?  We insert for all other special days Shabbos, Rosh Chodesh, Yom Tov, but not Chanukah or Purim { Al Hanisim }.  Why?

A: Because we don’t mention Hod’aah at all  in Al HaMichya, thus there is no place for us to insert Al Hanisim, which is an addendum of Hoda’ah and not simply a Hazkarah of the Yom.(See  Shu”t MaHaram  Siman 30. His words are quoted in Hagahas Maimoni Hilchos Brachos Perek 3 Os 30. See also Bais Yosef Siman 208 Dibur Hamaschil “V’Tzarich L’Hazkir”)

#alhanisim #chanukah
 

125)Q:Firstly, regarding "Al Hanissim" in middle of birkas hamozan- what's that small tefillah that one puts in in case he forgets to say it and reminds himself before "harachaman"?

 

2nd of all, just last night, after candle lighting, i decided that instead of just wasting my time by the candles with shmoozing, I will use my precious time to say "Perek Shira"

 

As i was in middle of saying it, some of my family members claimed that one is not permitted to say it at night, since it entails lots of pesukim from Tehillim. I always knew that perek shira one can say any hour of the day/ night. is that not correct?

 

Also, if you can provide any insight as to why one cannot say Tehillim at night i would greatly appreciate it.

A: 1) The accepted Nusach to say is "HaRachaman Hu Ya'aseh Lanu nisim V'Niflaos k'mo SheAsisa L'Avoseinu Bayamin Hahem BaZman HaZeh. BiMei MaTisyahu...." (See Bais Yosef Siman 187 and Siman 682. See also Ram'a Siman 187:4 for a slightly different Nusach)

 

2) I commend you for spending the time after Hadlokas Neiros doing something meaningful.

 

The subject of saying Tehilim/ pesukim at night is a fascinating one, and there are many different opinions about this. If Tehilim is prohibited at night, it would only be because of its status as "Torah Sh'Biksav", and not intrinsically because it is Tehilim.

 

 I will list a few of the many Mekoros for this:

 

*The Be'er Heitev on Orach Chaim Siman 238 quotes the Arizal who says that one shouldn't study "Mikrah- Torah sheBiksav" by night. The Seforim say that the aforementioned Arizal does not apply to Thursday Night and Friday night.

 

* The reason for this is obviously Kabalistic (See the Artzos HaChaim (Malbim) Siman 1:36. See also Yesod V'Shoresh H'Avodah Sha'ar 6;HaNitzutz Perek 2 ) .

 

* The Midrash (Tanchuma Parshas Ki Sisa Siman 36 and Pirkei D'rav Eliaezer Perek 46) tells us that when Moshe Rabbeinu was in Shomayim, hashem taught him Torah shebiksav by day and Torah sheBa'al peh by night, and that is how Moshe knew when it was day and when it was night.

 

* In Shu"t Chaim Sha'al Vol. 2 Siman 25 he quotes the great Mekubal Rav Shalom Sharabi (Rashash) who maintained that Tehilim was excluded from the above prohibition, and may be said at night. In fact, he says that Dovid Hamelech composed and wrote the Tehilim at night! (Another reason is because Hashem gave Tehilim a status like "NeGaim and AHalos", which basically gives it a status of "Torah Sh'Ba'al Peh", which is permitted any time.

 

* If the Tehilim is being said for the Refuah Shelaima of a Choleh it can surely be said at night. (Psak of Debreciner Rav in Be'er Moshe Vol. 4 Siman 22, Eishel Avraham (Butchatch) Orach Chaim Siman 306, and other Poskim)

 

* If the Pesukim are learned with a Pirush (commentary such as Rashi) then it is not a problem at all and has a status like oral Torah, which of course can be learned at night. (Shu't Levushei Mordechai Siman 186 and others)

 

Perek Shirah would be OK to say at night for two reasons:

1) Most of the Pesukim are indeed from Tehillim, which we mentioned above is is permitted.

 

2) The Perek Shirah in its entirety is a "Beraisa" which teaches us which Pesukim each part of creation recites in praise to Hashem, so in essence it likely has a status of "Torah Sh'Ba'al Peh", no different than learning a Gemara that quotes Pesukim in it.

#alhanisim #chanukah #perekshira

 

126)Q: For how long does one have to sleep in order to be obligated to recite birchas Hatorah? If one takes an afternoon nap is one required to recite birchas Hatorah when he wakes up? 

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A:  I am assuming your first question is referring to an amount one slept during the night in order to require him to recite Birchos HaTorah upon waking in the morning. In that case, the amount of sleep is a "Shinas Keva" which is approximately half an hour. According to some opinions, even if someone did not sleep at all during the night he would be obligated in Birchos HaTorah in the morning. The best thing to do, if one was up all night, is to hear the Brachos from someone else and answer Amen and be Yotzei that way. If however if one slept during the day on the previous day, but was up all night ,then he makes Birchos HaTorah himself the next morning based on yesterday's nap.

 

If one naps during the day he does not need to recite Birchos HaTorah again upon waking from his nap.

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Follow Up Question:

 

I have one more question, if one goes to sleep at night and wakes up an hour later, says birchas hatorah and learns. Then one falls back asleep for "30 min" or more does one need to recite birchas hatorah again upon awakening or is it like an "afternoon nap"? How about if one re-falls asleep until the next morning?

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A: If one wakes before Alos HaShachar and makes Birchos HaTorah, he does not repeat the Brachos in the morning, even if he goes back to sleep, according to most Poskim. If one did repeat Birchos HaTorah in the morning, he has upon who to rely, but better not to initially do this. (See Mishna Berura Siman 47:29. Also see Biur Halacha ibid. Dibur HaMaschil Hamashkim)

#birchoshatorah

 

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127) Q: Should a Shliach Tzibur recite a bracha on a shul Talis before davening Mincha? 

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A: The Mishna Berura (Siman 14:11) Paskens that when a Shatz puts on a Shul Tallis to daven for the Amud he makes a Bracha. The reasoning is that the Shul Tallis belongs to everyone, and thus it is "your" Tallis and requires a Bracha.

 

However, the Biur Halacha (Dibur HaMaschil "Sh'Alah") brings a few opinions that perhaps one does not make a Beracha on a Shul Tallis, especially if he isn't wrapping himself in it/putting it over his head, as then it is only being done for Kavod Hatzibbur and not for Mitzvah of Tzitzis, as well as some other reasons.

 

Rav Shlomo Zalmen Auerbach Zatzal (Halichos Shlomo Vol. 2 Perk 1 Ha'arah 2) says that the minhag is not to recite a bracha on a shul Tallis.

 

Rav Yosef Shalom Elyashiv Zatzal ruled that it is best to have in mind when donning the Shul Tallis that you don't want to be "Zoche" in the Tallis, and then it won't be yours, and no Bracha is necessary.

 

The prevalent Minhag is indeed not to recite a Bracha on a Shul Tallis, unless one is explicitly using it for the Mitzvah of Tzitzis (such as one who forgot his Talis at home and is "borrowing" the Shul's Tallis)

#talis #shliachtzibur #shul