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One of the best aspects of this podcast is Rabbi Mansour's ability to make the topics accessible and relevant. He presents quick and relevant short laws that can be easily applied to everyday life, making it practical for listeners. Whether it's discussing a specific halacha or diving into gematriot, his explanations are always concise, engaging, and thought-provoking. Additionally, his charisma shines through in each episode, creating an enjoyable learning experience for listeners.
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Can One Respond to Amen, Kaddish, or Kedusha While Putting on Tefillin—And What If He Already Did? One of the most common halachic dilemmas in the morning prayer is what to do when someone is putting on Tefillin and hears Kaddish , Kedusha , or a Beracha . Can he respond out loud? Should he listen silently? Or must he remain completely passive until finishing the Tefillin? This question centers on the concern of interrupting between the Tefillin Shel Yad and the Tefillin Shel Rosh . As discussed earlier, any Hefsek (interruption) between the two parts of the Misva may require repeating the Beracha . The situation becomes more complicated when the interruption is not mundane speech but a holy response , such as saying "Amen" or "Yehe Shemeh Rabba." The Strict View: No Interruptions, Even for Holy Words Maran in Shulhan Aruch (O.H. 25:9) rules that one may not speak at all between the Tefillin Shel Yad and Shel Rosh—even to respond "Amen" or to say "Kadosh, Kadosh, Kadosh." This is the view of the Rosh , cited in the Mordechi , who maintains that these responses still count as interruptions because the person has already started one Misva and must complete it without pause. Following this view, one should not respond to Kaddish or Kedusha between the two Tefillin. Even though these responses are important, the Misva of Tefillin is in progress and must not be interrupted. The Ben Ish Hai (Parashat Vayera, Halacha 8) agrees and writes that although it is painful to miss answering Kedusha, it is more important to complete the Tefillin properly. He explains that the person should simply pause silently , listen attentively, and intend to fulfill the Misva through listening ( Shome'a Ke'Oneh ). This ruling is widely accepted by Sephardic authorities , including Hacham Ovadia Yosef ( Yabia Omer vol. 1 and Halichot Olam ). A Middle Opinion: Listen Without Answering According to the middle-ground opinion, a person who hears Kaddish or Kedusha while wrapping Tefillin should stop what he's doing , listen silently, and fulfill the obligation through listening alone . This is based on the rule of Shome'a Ke'Oneh — "the listener is as one who recites." However, some Aharonim raise a concern: If listening is equivalent to speaking, then isn't that also an interruption? Not necessarily. The logic is that Shome'a Ke'Oneh does not require active speech , and therefore it does not violate the condition of silence between the Tefillin Shel Yad and Shel Rosh. This is the approach of the Magen Avraham and is mentioned by the Hida in Birkei Yosef . It is considered the ideal practice when caught in this situation: stop, listen quietly, and do not speak . Still, this only works if the person saying Kaddish or the Beracha has proper intent to fulfill others' obligation. If he's just reciting the words by rote and not thinking about others listening, Shome'a Ke'Oneh might not apply—especially for a Tefillah like Kaddish, where communal intent is crucial. Therefore, Maran Ha'Hida and later Hacham Ben Sion Abba Shaul note that if one is unsure whether the Hazan is a learned person with kavana, it's better not to stop to listen , and just continue putting on the Tefillin. The Lenient View: If You Answered, You're Still Covered What if someone did answer "Amen," "Yehe Shemeh Rabba," or another phrase during the Tefillin process? According to most Sephardic authorities, although one should not have answered, if he did, he does not repeat the Beracha . This follows the principle of Safek Berachot Le'hakel —when there is doubt about whether a Beracha must be repeated, we err on the side of caution and do not say Hashem's name again unnecessarily. This view is stated clearly by the Ben Ish Hai and Kaf Ha'Haim , and is upheld by Hacham Ovadia Yosef. Even though answering was improper, the holiness of the response and the minimal nature of the interruption make it insufficient to require a new Beracha. However, some Ashkenazic authorities (such as the Mishna Berura citing the Eliyahu Rabba ) are stricter. They hold that if one answered anything between the Tefillin Shel Yad and Shel Rosh, he must repeat the Beracha for the Shel Rosh. Sephardim do not follow this opinion . Best Practice: Anticipate and Avoid the Situation If a person sees that Kaddish or Kedusha is about to begin , and he hasn't started donning Tefillin yet, he should wait a moment and delay putting them on. It is better to fulfill both Misvot properly —answering Kaddish and wrapping Tefillin—than to get caught between them and risk an interruption. If he's already started wrapping the Shel Yad, he should proceed without interruption and miss answering Kaddish if necessary. Summary: Do not speak between the Tefillin Shel Yad and Shel Rosh—not even to answer Amen or Kaddish. If caught in the middle, stop silently and listen ( Shome'a Ke'Oneh )—but only if the Hazan has intent to fulfill others' obligation. If one did answer , most Sephardic Poskim say he should not repeat the Beracha , though it is discouraged. Best of all is to time your Tefillin placement so that you are not mid-wrap when Kaddish or Kedusha begins.
When Does Speaking Between the Arm and Head Tefillin Require Repeating the Beracha? A fundamental rule in Halacha is that one should not interrupt between related stages of a single Misva. With regard to Tefillin, once a person recites the Beracha of "Lehani'ah Tefillin" and places the Shel Yad , he must immediately proceed to place the Shel Rosh , without any interruptions in between. Any unnecessary pause—especially speech —is considered a Hefsek (interruption), and in certain cases, it invalidates the initial Beracha. This is the ruling of Maran in the Shulhan Aruch (O.H. 25:9), which states: "One should not speak between the donning of the Shel Yad and the Shel Rosh. If he did speak, he must recite another Beracha on the Shel Rosh." This ruling is rooted in the Gemara (Menahot 36a), which teaches that both Tefillin are part of one extended Misva. The Beracha on the Shel Yad is intended to cover both the arm and head Tefillin —provided no interruption occurs. Speaking, therefore, severs this connection and requires a new Beracha. What Type of Speech Counts as an Interruption? Not all speech is treated equally. Halacha distinguishes between: Speech unrelated to the Misva (e.g., "How are you today?" or "Did the Yankees win?") — This is considered a clear Hefsek. One must repeat the Beracha , saying "Al Misvat Tefillin" before placing the Shel Rosh. Speech related to the Misva (e.g., "Pass me my Tefillin Shel Rosh," or "I need to adjust the knot") — This is discouraged , but it is not considered a full interruption. A new Beracha is not required , though one should avoid such speech whenever possible. The Ben Ish Hai (Parashat Vayera, 7) writes strongly against any talking, even related to the Misva, and encourages placing both Tefillin with total focus and silence. Nonetheless, he rules that speech about the Tefillin does not invalidate the Beracha. The Mishna Berura (25:36) clarifies that even a brief word or short phrase—if not directly related to Tefillin—is sufficient to be called a Hefsek and require a new Beracha. What About Gestures, Movement, or Sounds? Actions such as gesturing, nodding, or pointing are not considered interruptions , since the mouth remains silent and the Beracha is not disconnected from the Misva. Similarly, clearing the throat or making an involuntary sound does not constitute a Hefsek. Even so, some opinions advise avoiding all forms of distraction—verbal or physical—between Shel Yad and Shel Rosh in order to maintain the full sanctity of the process. What If One Began Another Beracha by Mistake? Another case that often arises is when someone begins saying a Beracha by habit or mistake. For example, after placing the Shel Yad, he begins, "Baruch Ata…," thinking he needs to recite a Beracha before the Shel Rosh. If he says "Baruch Ata…" but stops before saying Hashem's Name , he should immediately stop and not complete the Beracha . This is not considered a Hefsek. If he says "Baruch Ata Hashem…" but realizes the mistake mid-sentence, he should conclude the phrase with "Lamdeni Hukecha" , a verse from Tehillim (119:12), which turns the phrase into a pasuk and avoids a Beracha Levatala. If he completes a full, unrelated Beracha—such as "Shehakol" or "Asher Yasar" —he has certainly interrupted and must repeat the Beracha for Tefillin . This case is discussed in the Ben Ish Hai and the Mishna Berura , and the solution of "Lamdeni Hukecha" is accepted by both Ashkenazim and Sephardim. Summary: No speech is allowed between Tefillin Shel Yad and Shel Rosh. If one speaks unrelated words , he must repeat the Beracha , saying "Al Misvat Tefillin" for the Shel Rosh. If the speech is related to the Misva , no new Beracha is needed, but it is still discouraged. Gestures or movements are not considered interruptions. If one starts a Beracha by mistake , he should either stop immediately or redirect it to a pasuk if Hashem's Name was already mentioned. Remaining silent between the two Tefillin ensures a smooth and spiritually complete fulfillment of this daily Misva.
Should One Place Tefillin While Sitting or Standing—And What If the Community Follows a Different Custom? The Sephardic custom, rooted in the rulings of Maran in the Shulhan Aruch (O.H. 25:5), is to don the Tefillin Shel Yad while sitting , and the Tefillin Shel Rosh while standing . This is not simply a question of posture but reflects a deeper understanding of the nature of each Tefillin and its associated Misva. The Tefillin Shel Yad is considered a private and personal obligation . It is hidden, placed on the weaker part of the body, and not seen by others during prayer. In contrast, the Tefillin Shel Rosh sits openly on the head, between the eyes, and represents a public declaration of our bond with Hashem. Because of its visibility and its connection to communal holiness, the Tefillin Shel Rosh is given more formality, which includes the standing position when placing it. The Ben Ish Hai (Parashat Vayera) emphasizes this distinction, explaining that the Shel Yad is associated with the heart , representing internal service of Hashem (Avodat HaLev), while the Shel Rosh is associated with the mind , representing Torah and public sanctity. Therefore, sitting for the Shel Yad reflects modesty and inwardness, while standing for the Shel Rosh expresses reverence and honor. What If One Is in an Ashkenazi Minyan That Stands for Both? In Ashkenazi practice, it is common to stand for both the Shel Yad and Shel Rosh. This can present a challenge for a Sephardi who finds himself in such a minyan. Should he follow his custom to sit for the Shel Yad, or should he stand to avoid standing out? Hacham Ovadia Yosef (in Yabia Omer , vol. 1, O.H. 4 and Halichot Olam ) rules clearly that one should not deviate from the Sephardic custom , even when praying in an Ashkenazi congregation. The halachic principle of "Al Titosh Torat Imecha"—do not abandon the tradition of your fathers—applies here. A person should not feel pressured to change his practice in order to "fit in," especially in a matter that has solid halachic and kabbalistic support. Moreover, this practice is not offensive to others. In most cases, no one pays much attention to who is standing or sitting during Tefillin. But even if someone notices, preserving one's mesora (halachic tradition) takes precedence over conforming for the sake of appearance. In the reverse case—an Ashkenazi praying in a Sephardic minyan—it is likewise appropriate for him to stand for both Tefillin, according to his custom. Kabbalistic Reasoning The Mekubalim, particularly the Hida and the Ben Ish Hai , stress the spiritual distinctions between the two Tefillin. According to the Zohar HaKadosh , the Tefillin Shel Yad corresponds to the sefirah of Gevurah and is internal, while the Tefillin Shel Rosh corresponds to the sefirah of Hokhmah and projects spiritual light outward. These ideas are only heightened when the Tefillin are placed with proper kavana (intent), posture, and awareness of their function. In short, sitting for the Shel Yad enhances the quality of its intent as a private covenant with Hashem. Summary: Sephardim should place the Tefillin Shel Yad while sitting , and the Tefillin Shel Rosh while standing. This custom follows Maran in Shulhan Aruch and is further supported by the Ben Ish Hai and Mekubalim. Even in an Ashkenazi minyan, Sephardim should not deviate from their custom. This posture reflects both halachic rulings and the inner meaning of each Tefillin.
Should One Leave the House Already Wearing Talet and Tefillin, and Is This Practically Required Today? The Zohar HaKadosh places profound spiritual significance on the act of leaving one's home in the morning already wearing Talet and Tefillin. This is not merely about preparation for prayer—it is a sacred moment that opens the door to unique spiritual protection and Divine pride. The Zohar describes that when a Jew exits his home dressed in Tefillin on the head and arm and Talet on his shoulders, four ministering angels accompany and protect him. These angels declare to all that this person is bearing the image of the King, and Hashem Himself makes an announcement in the upper worlds praising this individual. It is likened to a father publicly celebrating his child's achievements—Hashem says, "Look at My son!" ( Zohar Parashat Terumah , cited in Kaf HaHaim, Ben Ish Hai, and others). Despite the strength of these sources, the widespread practice today is that most people do not fulfill this halacha. Sephardic Poskim such as the Ben Ish Hai, Kaf HaHaim, and Hida all reinforce the Zohar's stance, yet even they acknowledge that the practice has fallen into neglect. Rabbi Eli Mansour notes that attempts to justify this neglect—such as concerns about passing filth or improperly dressed individuals—are not strong in most modern contexts. People often drive from their homes directly to shul in clean environments, especially in the early hours when streets are empty. So why don't people do it? Mostly, it's due to convenience and habit. Many keep their Tefillin in shul lockers and would need to bring them home daily to fulfill this practice. It requires a lifestyle change: bringing the Koracha home each day, preparing at home before leaving, and possibly returning it afterward. For those going straight to work from shul, that adds an extra logistical layer. Still, Rabbi Mansour encourages individuals to consider incorporating this practice even once in a while. Even partial observance of a mitzvah with such reward is spiritually worthwhile. What If It's Too Early to Wear Tefillin? One valid exemption arises when a person goes to shul before the earliest time to wear Tefillin (such as Alot HaShahar). According to Hacham Yaakov Hillel in VaYashov HaYam , and as explained by Rabbi Mansour, a person in this case is not obligated to wait at home until the proper time. Rather, it is better to go to the synagogue, learn Torah, and then put on Tefillin when the time arrives. There is no obligation to return home later just to fulfill this Zoharic custom. Rav Hillel adds that one who stays in the synagogue for tefillah and is among the first ten participants (the "Asarah Rishonim") is also fulfilling a great mitzvah that may even override the practice of leaving home with Tefillin. Some rabbis, like Hacham Yehuda Sadka, would go home and return, but this is not a practical expectation for most people and is viewed as an act of personal stringency rather than normative halacha. What Are Practical Ways to Fulfill This Today? For those who feel uncomfortable or find it difficult to wear Talet and Tefillin outside the home, halachic sources offer creative and doable solutions: Use a discreet setup : Wear a small pair of Tefillin and a Talet that can be worn like a scarf under a jacket. This fulfills the halacha without drawing attention. Keep a second Koracha at home : A small "to-go" set can make this easier and avoid the need to bring your full set back and forth daily. Rely on Talet Katan : According to the Beit Yosef and Spanish Mekubalim, if a person wears Talet Katan and then puts on Tefillin at home—even if not the full Talet Gadol—he may gain some of the spiritual benefit. Change Tefillin in Shul : The Ben Ish Hai permits one to wear a pair of Tefillin at home and then switch to another pair in shul, such as putting on Rashash or Rabbenu Tam after already fulfilling the Zohar's practice. Put on Tefillin in the shul side room : While not the ideal per the Zohar, poskim like the Mishna Berura and Aruch HaShulchan permit putting on Tefillin in a lobby or side room before entering the sanctuary, especially if needed to avoid embarrassment or external discomfort. Importantly, one must also apply judgment. The halacha does not encourage making a spectacle of oneself. If wearing Tefillin publicly might cause mockery or suspicion, it may be better not to do so. Even if one's intentions are noble, doing something that is widely misunderstood—like walking outside with Tefillin at 8 a.m.—may result in Chillul Hashem rather than Kiddush Hashem. Does This Apply on Shabbat? On Shabbat, Tefillin are not worn. The question arises: must one still leave the house wearing a Talet on Shabbat? The majority of poskim, including Kaf HaHaim and others, hold that this requirement does not apply on Shabbat. The Zohar's emphasis is on Tefillin. Since they are not worn on Shabbat, the associated practice of leaving the house dressed for tefillah is also not required. Therefore, one may go to synagogue in regular clothing and put on the Talet there without issue. However, the Ben Ish Hai writes that since most people wear Talet Katan on Shabbat anyway, the practice is partially fulfilled. According to his view, one who does not wear Talet Katan might consider putting on the Talet Gadol before leaving the house. Still, this is not a widespread custom and is not mandated. Summary: The practice of leaving one's house wearing Talet and Tefillin is highly praised by the Zohar and Sephardic Poskim and is said to bring angelic protection and Divine honor. While not widely followed today, there are few valid excuses to avoid it entirely in modern cities. Those who come to shul before the proper time for Tefillin are exempt and should not delay Torah learning to fulfill the Zoharic ideal. Still, one should strive to observe this practice occasionally using any of several halachically acceptable solutions. It does not apply on Shabbat. Overall, this is a beautiful opportunity for spiritual elevation—one that can be embraced incrementally and with wisdom.
A person must avoid the transgression of "Ma'avirin Al HaMisvot" —skipping over a Misva that is within reach. This Halacha affects how one packs their Talet and Tefillin in the Kora ḥ ah (prayer bag). The Problem If the Tefillin are packed on top of the Talet , when you unzip the bag, the first thing you touch is the Tefillin. According to Halacha, this obligates you to put them on first, even though the proper order is Talet then Tefillin. Maran's View Maran HaShulhan Arukh rules: If one touches the Tefillin first, he should put them on before the Talet. That's because once a Misva is in hand, you may not pass it over to do another first. Therefore, Maran implicitly advises that one should pack the Talet in a way that it is reached first —either on top of or side-by-side with the Tefillin, so it can be accessed without touching the Tefillin. Today's Practical Setup In modern prayer bags: Many people place their Tefillin in a separate case , and then put both the Talet bag and Tefillin case inside the Kora ḥ ah. If the Tefillin case is on top , it might seem like you're skipping over it when reaching for the Talet. However, many Poskim say that as long as you do not touch the Tefillin case , and can pull the Talet out from underneath or beside it, you're not violating Ma'avirin Al HaMisvot . Best Practice Place your Talet in front or on the side —the area your hand naturally reaches when unzipping the bag. Avoid stacking the Tefillin on top of the Talet unless the Tefillin are clearly in the back or separated in a way that you won't touch them first. If you do mistakenly remove the Tefillin first, don't place them back just to follow the Talet-first rule. According to Maran, this would be worse—once a Misva is "in your hand," putting it down is a disrespect. According to the Mekubalim The Ben Ish Hai insists Talet always be put on first— even if the Tefillin were touched first . So they would advise you to put the Tefillin aside and still wear the Talet first. As noted earlier, Rav Ben Sion Abba Shaul offered a solution: pause and break the flow (e.g., walk away or learn for a moment), then return and begin again by putting on the Talet first. Summary Pack your Talet and Tefillin so that the Talet is reached first —ideally at the front or side of your bag. Avoid touching the Tefillin before the Talet to prevent skipping over a Misva. If you touch the Tefillin first, Halacha says to wear it first; Kabbalah says to still put on the Talet first. Rav Ben Sion's solution: step away briefly to "reset" and then proceed with Talet first.
What Comes First: Talet or Tefillin? The widespread custom is to first don the Talet and then the Tefillin . But what is the reasoning behind this order, and is it required? Reasons to Wear Talet First Ma'alin BaKodesh – We ascend in levels of sanctity. Putting on the Talet first begins the process, and then we elevate ourselves further by donning the holier Tefillin. Zohar HaKadosh – The Zohar emphasizes that even though Tefillin are holier, one should wear the Talet first, to ascend in kedusha. The Talet wraps the outside of the body; the Tefillin are placed on the skin—closer, deeper, and more intimate in sanctity. The transition reflects a personal spiritual climb. Sedar HaMitzvot – The Talet is associated with the Misva of Sisit, which some sources say is equal to all the Misvot. Although Sisit is a "voluntary" Misva (dependent on wearing a four-cornered garment), it still carries enormous spiritual weight. Challenges to the Above Maran HaShulhan Arukh agrees with putting Talet first but also writes that if one happens to grab the Tefillin first, he should put on the Tefillin , due to the rule "Ein ma'avirin al haMisvot" – do not skip over a Misva that is already in front of you. HaRav Ovadia Yosef zt"l explains that touching the Tefillin first obligates you to put them on first. However, if one did not yet touch them, even if the Tefillin are on top of the Talet in the bag, he may still reach for the Talet and put it on first. Kabbalistic View The Ben Ish Hai and other Kabbalists disagree. They hold that Talet must always come first , even if the Tefillin are picked up first. In their view, spiritual order takes precedence over technicalities like which was touched first. Some recommend putting the Tefillin to the side temporarily and donning the Talet first anyway. Practical Solution Rav Ben Sion Abba Shaul zt"l suggests a clever workaround: if you picked up your Tefillin first, walk away for a few moments—this breaks the continuity of the act. Then return, pick up the Talet, and put it on first. This satisfies both opinions: you respected the idea of not skipping a Misva you already touched (by pausing), and you honored the order promoted by Kabbalah. Summary The custom is to wear Talet before Tefillin. If one touched the Tefillin first, Halacha says put them on first (Maran); Kabbalah says still put Talet first (Ben Ish Hai). Best practice: pack your bag so the Talet is accessible first. If you grabbed the Tefillin first, pause, step away, and then return to follow the proper order.
Does the Misva of Tefillin Apply Outside of Eres Yisrael? Some verses in the Torah link the obligation of Tefillin to the entry into Eres Yisrael, such as: "Vehaya ki yebi'acha Hashem el Eres haKena'ani" — "And it shall be when Hashem brings you into the land of the Canaanite…" This wording led some to question whether Tefillin is required only in the land of Israel. However, this assumption is incorrect . The obligation of Tefillin applies equally outside Eres Yisrael. Three Proofs That Tefillin Applies in the Diaspora Parashat Va'etchanan – The Torah states that even in exile, when Hashem drives Benei Yisrael from the land, they are still commanded to observe the Misvot, including Tefillin: "Veshamarta le'ot al yadecha…" follows immediately after the verses about exile. Juxtaposition to Pidyon Peter Hamor – Tefillin is mentioned near the Misva of redeeming a firstborn donkey, a commandment known to apply outside of Israel. This parallel suggests that Tefillin, too, applies everywhere. Association with Torah Study – The verse "Lema'an tihyeh Torat Hashem beficha" links Tefillin to Torah learning. Since Torah applies globally, Tefillin does as well. While the Torah references entering the land when discussing Tefillin, this is not to limit the Misva to Eres Yisrael. Rather, it highlights the ideal setting for fulfilling the Misva—"in the King's palace," as some say—but not its exclusive domain. Even though the Torah sometimes speaks about performing Misvot when entering the land , it does not mean they are limited to Eres Yisrael. Instead, it highlights that Eres Yisrael is the ideal place to do Misvot — like fulfilling them in the King's palace. Summary The Misva of Tefillin applies equally inside and outside of Eres Yisrael. Proofs from Scripture show that even in exile, Jews are obligated in Tefillin. The reference to the land in the Torah merely underscores the ideal environment for Misvot—not a geographic limitation.
The Torah mentions the Misva of Tefillin eight times , and Rambam rules that one who regularly neglects this Misva violates all eight mentions. This makes Tefillin one of the most serious daily obligations. A natural question arises: What if a person cannot afford Tefillin? Is he required to beg or sell his belongings to fulfill the Misva? Is There a Financial Obligation to Purchase Tefillin at All Costs? Surprisingly, Halacha does not require a person to beg, knock on doors, or sell his clothing in order to buy Tefillin. This contrasts sharply with other Misvot: For Shabbat candles , Halacha states one should sell the shirt off his back. For the four cups of wine on Pesa ḥ , one must do the same. Why, then, is Tefillin different? The A ḥ aronim address this inconsistency. Some suggest the distinction lies in the preparation of the Misva versus its fulfillment . When it comes to creating or purchasing Tefillin, one is not required to go to extreme measures . But when it comes to fulfilling the Misva—actually wearing Tefillin—a person must make great efforts , even if not to the level of begging or selling his shirt. Borrowing Tefillin When One Cannot Buy Them Although one is not obligated to beg or sell belongings, Halacha still expects a person to do everything reasonably possible to fulfill the Misva, including: Borrowing Tefillin from a friend Asking family or community members to help buy him a pair However, borrowing Tefillin is not always a simple solution : Proper fit matters , especially for the head Tefillin (Shel Rosh). If the fit is incorrect, one may not fulfill the Misva properly . Right-handed and left-handed Tefillin are different . Borrowed Tefillin might be unusable if the sides don't match. The knots often require adjustment , and people are either unable or too lazy to adjust and then return them properly. This can result in a misplacement or a Beracha Levatala (a blessing in vain). Due to these complications, many rabbis—especially the Mishnah Berura , Ḥ acham Ovadia Yosef , and Rav Moshe Feinstein —strongly encourage even poor individuals to ask for help or borrow properly rather than excuse themselves from the Misva. The Bait Ḥ adash further warns against those who habitually rely on borrowed Tefillin. He criticizes those who wouldn't borrow a toothbrush or shoes , yet treat Tefillin as communal property. This attitude reflects a lack of personal responsibility for one of the Torah's most central obligations. Summary Tefillin is a daily Misva of great seriousness , mentioned eight times in the Torah. One is not required to beg or sell basic clothing to fulfill it—but should do everything else possible . This includes borrowing Tefillin or asking others to help purchase a pair. Long-term reliance on borrowed Tefillin is discouraged due to concerns of improper fit, invalid usage, and lack of commitment. Each Jew should ultimately own his own Tefillin and treat them as essential—just as he would his clothing or daily necessities.
Tefillin is one of the 613 Misvot of the Torah and among the most iconic symbols of Judaism. It is referenced four separate times in the Torah and is described not with the term "Tefillin," but with the word "Totafot." Each of the four passages is written on the parchments inside the Tefillin, establishing both the arm (Shel Yad) and head (Shel Rosh) Tefillin as distinct Misvot. According to the Rambam, Tefillin Shel Yad and Tefillin Shel Rosh are counted as two separate commandments—Misvot 12 and 13 in his enumeration. This implies that if one cannot wear one of them (e.g., due to a physical limitation), he should still fulfill the other, as each stands independently. However, the Ramban disagrees and views them as parts of a single Misva. The Torah repeats the Misva of Tefillin multiple times, yet the Rambam teaches that repetition does not necessarily indicate separate commandments. Rather, the repetition underscores the importance of the Misva. In fact, one who neglects to wear Tefillin transgresses eight positive commandments —four from Shel Yad and four from Shel Rosh. What Does " Totafot " Mean? The term " Totafot " has numerous interpretations: The Gemara Menahot (34b) explains that "Tot" means "two" in the Katpi language, and " Fot " means "two" in African dialect— totalling four, referencing the four compartments of Tefillin Shel Rosh. Menahem ben Saruq interprets " Totafot " from the root " Hatof " (to speak), reflecting that Tefillin inspires us to speak of Hashem's teachings. Ramban says Totafot is an ornament, a kind of crown or glorious item worn on the head, based on Midrashim and biblical parallels. Hezkuni interprets it as something gazed upon, meant to visually remind the wearer of Hashem's miracles. Kabbalistic sources say Tefillin is a form of "Ot" (sign), symbolizing the covenant between the Jewish people and Hashem. The word "Tefillin" itself derives from "Peli"—to distinguish or to separate—or from " Tefila " (prayer), since Tefillin is primarily worn during prayer. Some suggest it comes from the root "Patil" (binding), as in the Torah's description of Naftali. Philosophical Purpose of Tefillin The Sefer HaHinuch (Misva 421) writes that humans are physical beings drawn to material pleasures. The soul is the counterforce, urging one to rise spiritually. Tefillin serves as a daily spiritual armor , empowering the soul to prevail in its ongoing struggle with the body. The Tefillin Shel Yad is worn near the heart, the seat of emotion and desire, while the Tefillin Shel Rosh rests above the brain, the seat of thought—reinforcing control over both. Tefillin is part of the "triple protection system" described in the Gemara—Tefillin, Sisit , and Mezuzah. A person surrounded by these reminders is far less likely to sin . The Rambam adds that donning Tefillin causes a person to behave with humility, awe, and discipline, shielding him from improper thoughts. Tefillin as a Sign Three Misvot are described in the Torah as an "Ot" (sign) : Tefillin, Shabbat, and Berit Milah. A Jew must always be accompanied by at least two signs testifying to his faith. During the week, Tefillin and Milah serve this role. On Shabbat and Yom Tob, when Tefillin is not worn, Shabbat and Milah function as the two signs. This explains the prohibition of wearing Tefillin on Shabbat—doing so would imply that Shabbat is not a sufficient "sign" on its own. Protection, Reward, and Spiritual Energy Wearing Tefillin not only fulfills a critical Misva but is associated with long life, Divine protection, spiritual clarity , and even atonement . Rabbi Shimon teaches that Tefillin atones for the sin of arrogance and, according to some Midrashim, even for more serious transgressions. The Zohar states that Tefillin draws Divine light around the wearer's head. The famed Baba Sali is said to have sensed when his Tefillin were invalid because he didn't feel this spiritual energy. In fact, studies have been cited showing subtle energy field changes when valid Tefillin are worn. The Gemara in Berachot teaches that those who wake early, clean their bodies, don Tefillin, and pray are considered as if they built an altar and brought a sacrifice. The Midrash Tanhuma says that one who desires to study Torah day and night but is preoccupied with work can still attain that merit through wearing Tefillin. The Spiritual Danger of Neglect The Gemara states that one who never wore Tefillin is categorized as a " Poshe'a B'gufo " —a sinner with his body—one of the most serious categories. Such a person does not merit resurrection and is punished severely in Gehinnam . Some authorities rule that even a person who only occasionally neglects Tefillin is included in this category, especially if done out of contempt or laziness. This explains why many Sephardi communities adopted the custom of donning Tefillin at Minha on Ereb Yom Kippur —to ensure that even the least observant Jews fulfill the Misva at least once annually. Tefillin and the Five Senses Tefillin affects not only the spiritual self but also the five senses : Eyes, ears, nose, and mouth are all situated in the head, thus corresponding to the four compartments of the Tefillin Shel Rosh. Touch corresponds to the Tefillin Shel Yad, placed on the arm and wrapped around the hand. This design serves as a daily reminder to guard our senses and align our behavior with holiness. Summary Tefillin is not just a ritual—it is a powerful spiritual and physical shield . The Torah refers to it repeatedly, highlighting its great value. Tefillin connects the mind and heart to Hashem, serves as a visible testimony to one's Jewish identity, brings protection and humility, and provides spiritual credit equivalent to the study of Torah. One who neglects it—especially willfully—risks significant spiritual consequences. Conversely, one who wears it properly fulfills multiple Misvot and draws down abundant blessing. As we begin our study of the practical Halachot of Tefillin, we now understand why this Misva is treated with such reverence and importance.
The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933), in Siman 4, writes (citing the Seder Olam) that upon awakening in the morning, one should not touch his garments before washing Netilat Yadayim. One should immediately proceed to Netilat Yadayim after waking, before taking off his pajamas or getting his shirt, pants, or other garments. Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995), in Isheh Yisrael (1:23), writes that an exception may be made regarding the Kippa. Many people wear their Kippa when they go to bed, and indeed the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) writes that this is a proper practice. Of course, by the time one wakes up his Kippa is no longer on his head, and Rav Shlomo Zalman noted that the prevalent custom is to allow putting one's Kippa on his head before Netilat Yadayim in the morning. The Magen Abraham (Rav Abraham Gombiner, Poland, 1635-1682) in any event wrote that from the Gemara it appears that one may touch his clothing before washing hands, and so although we generally do not follow this view, when it comes to the Kippa we may rely on the Magen Abraham and put it one before washing.
Maran writes in Shulhan Aruch (Orah Haim 4) that one must ensure not to touch a vat of beer in the morning before washing Netilat Yadayim, as doing so could cause one to lose the beer. The Mishna Berura (Rav Yisrael Meir Kagan, 1839-1933) explains that since there is Tum'a (impurity) on one's hands when he wakes up in the morning, touching food can cause it to become Tameh, which can have detrimental effects. One must therefore avoid touching food before washing his hands in the morning. The Halachic authorities write that if one did touch food before washing his hands in the morning, he should put it under water three times, and then it may be eaten. This applies even to vegetables that one normally peels, like cucumbers. Despite the fact that one touched only the peel, which in any event will be removed, the vegetable must be rinsed three times before it is eaten. Some writers raised the question of why this method of eliminating Tum'a does not work in the case of garlic that was left without its peel overnight. The garlic in this case should not be eaten, as it contracts Tum'a overnight, and the Poskim do not offer the solution of rinsing the garlic the three times. The work Arsot Haim explains that one cannot compare different forms of Tum'a and evil spirits. A method that is effective for eliminating one kind of Tum'a is not necessarily effective with regard to a different kind, and thus although a food that has been touched before Netilat Yadayim may be rinsed and eaten, this solution cannot be used in the case of garlic that had been left overnight without its peel. The Mishna Berura writes that one should also refrain from smelling tobacco snuff before washing Netilat Yadayim in the morning, for two reasons: 1) he causes the snuff to become Tameh by touching it; 2) smelling snuff involves touching the nostril, and it is forbidden to touch the openings of one's body before washing Netilat Yadayim. Summary: One should ensure not to touch any food or drink before washing his hands in the morning. If he did touch food before washing his hands, he should wash it three times and it may then be eaten.
The day immediately following Pesach, Shavuot or Sukkot is referred to as "Isru Chag" and is observed as a quasi-festival. Some people make a point of wearing their Shabbat clothing and conducting a special festive meal on Isru Chag. Rabbi Chayim Palachi (Turkey, 1788-1868), in his work Mo'ed Le'kol Chai (8:43), writes that Isru Chag Shavuot is a particularly significant day, more so than Isru Chag Pesach and Sukkot, and must therefore be observed with special festivity. He goes so far as to assert that Isru Chag Shavuot is of such importance that in principle it should warrant "Issur Melacha" – a prohibition against work similar to Shabbat and Yom Tov. In practice, of course, Halacha permits Melacha on Isru Chag Shavuot, but it nevertheless should be observed as a festive day, even more so than Isru Chag of the other festivals. There is a debate among the authorities as to when we resume the recitation of Tachanun during Sivan. We of course omit Tachanun on the first of Sivan, in honor of Rosh Chodesh, as well as on the second day of Sivan, which is when God declared that we will become "a kingdom of Kohanim and a sacred nation" (Shemot 19:6). The next three days – the third, fourth and fifth of Sivan – are known as the "Yemei Hagbala," the days of preparation for the giving of the Torah, a festive period in which we omit Tachanun. We do not recite Tachanun on Shavuot – the sixth and seventh of Sivan – or on Isru Chag Shavuot, the eighth of Sivan. During the times of the Mikdash, those who were unable to bring their sacrifices on the day of Shavuot itself – which in Israel is celebrated only on the sixth of Sivan - were allowed to do so during the six days following Shavuot, through the twelfth of Sivan. In commemoration, we omit Tachanun during this period, as well. According to some authorities, however, since in the Diaspora Shavuot is observed on both the sixth and seventh of Sivan, we begin the six-day period on the eighth of Sivan, rather than the seventh, and thus Tachanun is omitted on the thirteenth, as well. For the Syrian Jewish community, this debate bears no practice relevance, as Syrian Jews in any event observe the thirteenth of Sivan as a quasi-festival to celebrate the "Musan" miracle when the Jews of Halab were saved from a planned pogrom. Syrian communities therefore omit Tachanun on the thirteenth of Sivan regardless of the aforementioned debate. Many other communities, however, have the practice to resume the recitation of Tachanun on the thirteenth of Sivan. Later in this chapter in Mo'ed Le'kol Chai (Halacha 48), Rav Chayim Palachi writes that on the fifteenth of Sivan, it is proper for the Chazan to read aloud after the morning service Yaakov's blessing to Yehuda (Bereishit 49:8-12) and Parashat Ve'zot Ha'beracha. Reading these sections on this day, he writes, has the capacity to hasten the arrival of the final redemption. Summary: Isru Chag Shavuot (the day following Shavuot) must be observed as a festive day, even more so that the day following other festivals. Tachanun is omitted from Rosh Chodesh Sivan through the twelfth or thirteenth of Sivan, depending on communal custom. It is proper on the fifteenth of Sivan for the Chazan to read after the morning prayer Yaakov's blessing to Yehuda and Parashat Ve'zot Ha'beracha.
It is customary to read the first chapter of Yehezkel (Ezekiel) as the Haftarah on Shabuot, a section known as Ma'aseh Merkava – the vision of the Divine Chariot. This profound and mysterious prophecy was revealed to Yehezkel while in exile by the River Kevar in Babylon. Despite being in galut, the Shechina appeared to him, teaching us that Hashem's presence remains with us even outside the Land of Israel. The imagery in the Haftarah is highly symbolic: four-faced angels, wheels of fire, and a glowing chariot representing the heavenly realms. The four faces—human, lion, ox, and eagle—symbolize dominion over different realms of creation. Above them all sits the Divine presence, symbolizing Hashem's supremacy over all. According to the Zohar, the human face seen in the vision is that of Yaakov Avinu , whose spiritual greatness earned him a place under the Heavenly Throne. The Haftarah is read on Shabuot because the revelation at Sinai was similarly accompanied by clouds, lightning, and thunder. Just as Matan Torah revealed Hashem's glory, so too does this vision reflect a celestial dimension of His presence. Although the details are esoteric and not meant to be publicly expounded, practical lessons emerge: Angels are stationary – they do not grow spiritually. Their legs are straight and fixed, teaching us that only humans can elevate themselves spiritually through effort, Torah, and mitzvot. Shabuot is the perfect time to recommit to personal growth. Angels of judgment travel slowly , while angels of mercy travel instantly. From this, we learn to pause before reacting in anger or judgment , giving ourselves time to calm down and choose a better path. Acting with patience brings mercy into our decisions. The vision also hints that the Shechina was departing from the Beit HaMikdash, a symbolic warning that without spiritual substance, even a holy building becomes just bricks and stone. Despite the complexity of this Haftarah, the overarching message is clear: Hashem is with us in every generation, in every place—even in exile—and our mission is to grow, learn, and draw closer to Him through Torah .
The Torah was given in a pattern of threes —a recurring theme that carries deep meaning. The Talmud teaches: the Torah (which itself has three parts—Torah, Nevi'im, Ketuvim) was given to a people divided into three groups (Kohanim, Levi'im, Yisraelim), through the third child of Amram (Moshe), in the third month (Sivan), on the third day (after three days of preparation). Why so many "threes"? The answer reflects the essence of Torah and mitzvot. The Bnei Yissaschar explains that every mitzvah is made up of three components: Action – physically performing the mitzvah. Speech – reciting a beracha, or saying the source verse. Thought – having kavana (intent) and awareness of why we're doing the mitzvah. This three-part formula also aligns with: The body : lower body (action), chest/lungs (speech), head (thought). The soul : nefesh (action), ruach (speech), neshama (thought). Spiritual development : ibur (embryo—action), yenika (nursing—speech), mochin (intellect—thought). Shabuot also commemorates the three stages of Jewish growth: Yetzias Mitzrayim – physical birth (action). Marah – first exposure to Torah laws (speech). Matan Torah – full spiritual maturity (thought and understanding). Even creation itself reflects Torah's structure. On the third day of creation , two Torah-like principles emerged: The grass obeyed a Torah-style kal vachomer and chose to grow "according to its kind," though not explicitly commanded—showing initiative in following Torah logic. The trees , however, failed to follow a potential hekesh (a Torah logic tool), producing fruit without making their trunks edible as commanded. Because of this, grass is honored in our synagogues on Shabuot with greenery—but trees are not included , as per the Vilna Gaon, who also rejected their use due to Christian associations. And finally, it was Moshe Rabbenu who made the famous hekesh —a Torah principle—on his own, delaying the giving of the Torah from the 6th of Sivan to the 7th so that the three-day preparation would be complete. In the Diaspora, where we keep two days of Yom Tov, the second day of Shabuot actually aligns with the true day of Matan Torah ! Summary: Shabuot celebrates a Torah of "threes"—a reflection of how we must serve Hashem with action, speech, and thought; body, soul, and spirit. From creation to redemption to revelation, the pattern of three teaches us how to elevate our lives and deepen our connection to Torah.
It is customary to remain awake throughout the first night of Shabuot and study the special "Tikkun" text that appears in the book "Keri'eh Mo'ed." Most synagogues serve food and drinks, such as tea and coffee, during the night to help people remain awake and focused on their learning. The question arises as to whether or not one should recite a Beracha each time he drinks during Shabuot night. For example, if a person drinks a cup of coffee and then returns to his learning, and an hour and a half later he decides to have another drink, should he recite a new Beracha of "She'hakol"? Or, does the Beracha one recites when he drinks the first time cover all subsequent drinks that he has throughout the night? This issue is subject to a debate among the Halachic authorities. Hacham Ben Sion Abba Shaul (Israel, 1923-1998) maintained that each time one drinks on Shabuot night, he should have in mind for his Beracha to cover only the cup he drinks at that point. Thus, when he decides to drink again later, he must recite a new Beracha. Hacham Ovadia Yosef, however, disagrees. Based upon the ruling of the Maharash Alafandri, Hacham Ovadia writes that to the contrary, one should have in mind when he drinks the first time on Shabuot night that the Beracha he recites should cover all his drinks throughout the night. Then, he does not have to recite any other Berachot over drinks that night, even if there is a lengthy break between drinks. Once a person has in mind that his first Beracha should cover all his drinks throughout the night, then even if he drinks in long intervals of seventy-two minutes or more, he does not recite any Berachot. Our custom is to recite Birkat Ha'Torah on Shabuot morning, after Alot Ha'shahar (daybreak), even if one has not slept at all during the night. Some Ashkenazim have the practice not to recite Birkat Ha'Torah in a case where one had remained awake all night, but our practice follows the view that one recites Birkat Ha'Torah even in such a case. Regarding Netilat Yadayim, the Shulhan Aruch records a debate among the authorities as to whether one must wash his hands in the morning if he had not slept at all during the night, and our custom is therefore to wash Netilat Yadayim but without reciting a Beracha. Of course, one who uses the restroom recites the Beracha of "Asher Yasar" as usual. Summary: On Shabuot night, when we remain awake throughout the night, one should have in mind when he drinks for the first time that his Beracha should cover all his drinks throughout the night. He then does not recite a Beracha when he drinks later, even if there was a lengthy break in between drinks. Our custom is to recite Birkat Ha'Torah even if one did not sleep at all during the night, and to wash Netilat Yadayim without a Beracha.
The holiday of Shabuot is included among the three "Regalim" ("pilgrimage festivals"), when there is an obligation of Simha – to rejoice and be festive. The Gemara says that according to all views among the Sages, there is an obligation to enjoy oneself on Shabuot. Beyond the spiritual enjoyment that we experience by studying Torah, there is also a Halachic obligation to rejoice through physical enjoyment. The Sages teach that for men, this means indulging in meat and wine. Although there is a widespread custom to eat some dairy meals on Shabuot, one should make a point of eating meat on Shabuot, as well. One can fulfill this obligation with red meat, which resembles the meat of the sacrifices that were brought in the Bet Ha'mikdash on the holidays, or even with poultry, if that is what he enjoys, even though it does not technically qualify as "meat." If a person does not enjoy meat and wine, then he should eat whatever foods and drinks he enjoys. There is certainly no Misva on Yom Tob to eat foods that one does not enjoy. One is also obligated to make his children happy on Yom Tob. The Rambam (Rabbi Moshe Maimonides, Spain-Egypt, 1135-1204) writes that this is done by giving them treats, candies and the like. The Misva also requires making one's wife joyous, and the Rambam writes that one should purchase new clothing or jewelry for his wife before the festival. If one's wife does not need new clothing or jewelry, then he should buy her other gifts, even fine foods and the like. It is proper to immerse in a Mikveh on Ereb Shabuot to purify oneself in honor of the festival and in honor of the commemoration of Matan Torah.
It is customary to adorn our homes and synagogues on Shabuot with flowers and greenery. This custom is recorded by the Rama (Rabbi Moshe Isserles of Cracow, 1525-1572) in his discussion of the laws of Shabout (Orah Haim 494:3). More so than on other holidays, it is appropriate on Shabuot to decorate the homes and synagogues with flowers and other vegetation, in order commemorate Matan Torah. At the time of the Revelation at Sinai, G-d warned the people not to allow their cattle to graze on the mountain ("Gam Ha'son Ve'ha'bakar Al Yir'u El Mul Ha'har Ha'hu" – Shemot 34:3), indicating that it was full of pasture. Mount Sinai is in the desert, where vegetation does not grow, but in honor of the event of Matan Torah G-d had flowers and grass grow on the mountain, and we commemorate this adorning of Mount Sinai by adorning our homes and synagogues on Shabuot. The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) adds a deeper interpretation of this custom based on Kabbalistic teachings. He explains that Torah study has the effect of "Mituk Ha'dinim" – "sweetening" harsh judgments issued against a person. Even if G-d had issued a decree, Heaven forbid, against somebody, that decree can be annulled through the study of Torah. The divine Name associated with strict judgment is "Elokim," whereas the Name associated with "Mituk Ha'dinim" is "Havaya" (Y-H-V-H). When we spell out the names of the letters of these Names (e.g. the Alef of "Elokim" is spelled out, "Alef, Lamed, Peh"), the combined numerical value of the letters of "Elokim" is 300, and the combined numerical value of the letters of "Havaya" is 72. The letter representing the number 300 is "Seen," and the number 72 is represented by the letters "Ayin" (70) and "Bet" (2). The two letters of "Havaya," the Ben Ish Hai explains, surround the letter of "Elokim" to neutralize its effect, such that the letter "Seen" is placed in between the "Ayin" and "Bet." When the three letters are arranged in this fashion, they spell the word "Eseb" – "grass." Thus, we put out vegetation on Shabuot to symbolize the profound spiritual effect of our Torah study, how it has the capacity to annul harsh judgments. As we celebrate the event of Matan Torah, we remind ourselves of how valuable and precious Torah learning is, as alluded to in the "Eseb" with which we decorate the synagogue and home. Summary: It is customary to decorate homes and synagogues with vegetation on Shabuot to commemorate the vegetation that adorned Mount Sinai when the Torah was given. On a Kabbalistic level, vegetation alludes to the power of Torah study to protect us from harsh decrees.
Just as Ereb Rosh Hashanah is a time for a person to repent for all his sins, Ereb Shabuot is a time to repent for the specific sin of failing to show proper respect to Torah, and neglecting its study. The holy books teach that on Shabuot we are judged with regard to our dedication to and respect for Torah, and thus on Ereb Shabuot we must reflect upon commitment to learning and repent for not respecting it properly. At all times we should beg Hashem to forgive us for not committing ourselves sufficiently to learning, but this is especially vital on Ereb Shabuot, as we prepare for our judgment. Moreover, every person should personally involve himself in the Yom Tob preparations. Even if somebody normally does not personally make preparations for Shabbat or holidays, one should make a point of making preparations for Shabuot, such as by shopping and the like. Personal involvement shows respect and honor for the Yom Tob, which celebrates Matan Torah, and it thus serves as a Tikkun (rectification) of the sin of failing to properly respect the Torah. As one makes the preparations he must have in mind that he does so for the purpose of rectifying the sin of "Zilzulah Shel Torah" (neglecting the Torah). Likewise, one should purchase the finest foods and wines for the holiday of Shabuot, without being concerned about the costs entailed. Spending money for the Shabuot celebration is a demonstration of honor for the Torah, and if one does so with the intention of achieving a Tikkun for his neglect of Torah study, then he will be rewarded. One should make a point on Ereb Shabuot to invite poor people to his home for the Shabuot feast, as the Yom Tob celebration must be shared with the less fortunate. Our Sages teach that one who rejoices and celebrates on the holidays but does not share what he has with the poor is "despised and distanced" by Hashem. G-d visits the poor on Yom Tob, as it were, and if He sees poor people without food for the holiday without others helping them, He gets angry, and this leads to punishment, Heaven forbid. And thus before every holiday, one should ensure to give charity to enable the poor to properly celebrate. On Ereb Shabuot, in particular, there is a custom to set aside 104 coins for charity to be given to needy Torah scholars. Summary: On Ereb Shabuot, one should repent for failing to properly respect the Torah and devoting enough time to its study. As part of this process of repentance, one should personally involve himself in the Yom Tob preparations, and spend money for the finest foods and beverages, thus giving honor to the Torah. One must give charity to the poor before Shabuot to enable them to celebrate the Yom Tob.
It is customary to remain awake throughout the night of Shabuot and immerse oneself in Torah study. According to Sephardic practice, one who remains awake the entire night does not wash Netilat Yadayim with a Beracha the next morning. One may thus continue learning even after Amud Ha'shahar (daybreak) on Shabuot morning, and one does not have to stop to wash his hands. There is no requirement to interrupt one's learning to wash his hands at Amud Ha'shahar. However, it is proper to stop at Amud Ha'shahar to recite Birkat Ha'Torah. According to some authorities, the recitation of Birkat Ha'Torah in the morning covers a person's Torah study only until Amud Ha'shahar the next morning, even if he does not go to sleep. Therefore, those who remain awake throughout the night on Shabuot should stop at Amud Ha'shahar to recite Birkat Ha'Torah, and then return to their studies. One should recite Keri'at Shema Al Ha'mita – the bedtime Shema – even if he remains awake all night. Therefore, on Shabuot night, one should ensure to recite the bedtime Shema before Hasot (midnight as defined by Halacha). Our custom in any event is not to recite the Beracha of "Ha'mapil" on any night, but the rest of the text of Keri'at Shema Al Ha'mita should be recited before Hasot even on the night of Shabuot. Summary: One who remains awake on Shabuot night should nevertheless recite Keri'at Shema Al Ha'mita before Hasot, without the Beracha of "Ha'mapil" (which in any event is never recited according to our custom). At Amud Ha'shahar, one should stop to recite Birkat Ha'Torah. One does not have to wash Netilat Yadayim at Amud Ha'shahar.
The Hid"a (Rav Haim Yosef David Azulai, 1724-1806), in his work Abodat Ha'kodesh (listen to audio recording for precise citation), writes that one must make a special effort on Shabuot morning, after staying awake through the night, to pray properly. Many people tend to doze during the prayer service on Shabuot morning, such that they do not recite the words properly, skip sections of the service, and certainly do not concentrate on the meaning of the words. The Hid"a writes that "Yasa Secharam Be'hefsedam" – these people lose their reward for learning throughout the night by failing to pray properly in the morning. After staying awake studying Torah throughout the night, one must make an effort to remain fully awake and alert during the prayer service on Shabuot morning so he can pray properly. It should be noted that the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) viewed the period of Sefirat Ha'omer as an extended Tikkun ("repair" of spiritual imperfections in the upper worlds) that begins on the second night of Pesah and reaches its culmination in the Musaf prayer on the first day of Shabuot. Accordingly, the Shaharit and Musaf prayers on Shabuot morning are laden with spiritual significance, and it is critical for one to recite these prayers properly. One who sleeps through these prayers, or does not recite them as he should, runs the risk of forfeiting the spiritual achievements of the entire Omer period. Therefore, it is critical after staying awake on Shabuot morning to muster all one's strength to pray properly on Shabuot morning. One who suspects that he will be unable to remain awake and alert through the end of the Musaf prayer should recite Shema and then take a nap. It is preferable to complete the prayer service later, after sleeping and rejuvenating oneself, than to risk dozing during the Tefila. When is the earliest time for reciting Shaharit on Shabuot morning? Generally speaking, one should not recite the Amida prayer of Shaharit before sunrise (Netz Ha'hama). On Shabuot morning, however, some authorities permit congregations to begin the Amida before sunrise. Since it is very difficult for people to pray properly after remaining awake throughout the night, there were some who held that the prayer may be recited earlier to help ensure that everyone will be able to properly pray the entire service. This is the ruling of the Peri Megadim (492) and the Mishna Berura (89:1, and in Sha'ar Ha'siyun 5). There are many congregations that nevertheless ensure to wait until sunrise before beginning the Amida on Shabuot morning, and though this is certainly an admirable custom, those who pray the Amida before sunrise certainly have authorities on whom to rely. Indeed, the practice of Hacham Baruch Ben Haim was to pray the Amida before sunrise on Shabuot morning, and, as mentioned, this practice is perfectly acceptable. This is the ruling of Rabbi Karp in his work Hilchot Hag Be'hag (p. 132; listen to audio recording for precise citation). It should be noted that congregations that recite the Amida before sunrise on Shabuot morning must ensure not to recite Shema before the earliest time for Shema, which occurs approximately 10-15 minutes after dawn. (Generally, however, by the time these congregations reach the Shema prayer, that time has already passed.) Summary: One must make a special effort to remain awake and alert throughout the prayer service on Shabuot morning after remaining awake through the night. If one suspects that he will be unable to remain awake and pray properly throughout the service, it is preferable to recite Shema, take a nap, and then complete the prayer service properly. Although the Amida of Shaharit generally should not be recited before sunrise, some congregations have the custom of reciting the Amida on Shabuot morning before sunrise in consideration of the difficulty entailed in remaining awake and alert throughout the prayer service. This is certainly an acceptable practice.
It is customary to read Megillat Rut on Shabuot, and several different reasons have been given for this custom. The Mordechi (Rav Mordechai Ben Hillel, Germany, 1250-1298), in Masechet Megilla (chapter 1), as cited by the Rama (Rav Moshe Isserles of Cracow, 1525-1572) in Darkeh Moshe (494), explains that the story of Rut took place during the harvest season, around the time of Shabuot, and it is therefore appropriate to read this story on this holiday. Others explain that at the time of Matan Torah, the Jewish People underwent a process of "conversion," for, like converts, they had been obligated only in the Seven Noachide Laws, and then committed themselves to the Torah's 613 commands. (Interestingly, the Hebrew word "Gerut" has the numerical value of 620, corresponding to the 613 Biblical commands plus the seven Misvot instituted by the Sages.) Therefore, on the day we celebrate Matan Torah, we read the story of Rut, which tells of Rut's conversion and acceptance of the Misvot. Thirdly, we read Megilat Rut as a reminder that accepting the Torah includes not only our obligations toward G-d, but also our obligations to other people. The story of Rut is all about Hesed: Rut accompanied her mother-in-law, Naomi, and left her homeland to be at her side; Boaz cared for Rut when she arrived in Bet-Lehem, and then married her; Rut performed kindness for her deceased husband by allowing his soul to be perpetuated through the process of Yibum. We read this story to remind ourselves that kindness and sensitivity to other people is part and parcel of our acceptance of the Torah. Additionally, Megillat Rut is a story of remarkable "Mesirut Nefesh" – self-sacrifice. Rut was the daughter of the king of Moav, yet she was prepared to leave her life of royalty and all the amenities and luxuries it offers in order to become a Jew. This story reminds us that we need to sacrifice in order to succeed in Torah and Misvot. We cannot expect to excel in our devotion to Torah while enjoying all the comforts and luxuries that life offers. "Mesirut Nefesh" is an indispensable prerequisite for a successful Torah life. Finally, the story of Megillat Rut concludes with Rut's marriage to Boaz and the birth of their son, who ultimately became the grandfather of King David, who was born and passed away on Shabuot. It is thus appropriate to read this story on Shabuot, when we remember and reflect upon David Ha'melech.
It is customary to remain awake throughout the night of Shabuot and immerse oneself in Torah learning. The Shela (Rabbi Yeshaya Horowitz, 1565-1630) records a famous incident that occurred during the times of Maran (Rabbi Yosef Karo, author of the Shulhan Aruch, 1488-1575) that underscores the importance and inestimable value of this custom. He and several colleagues remained awake throughout the night of Shabuot studying Torah, and in the middle of the night, a heavenly voice announced to them that their learning was bringing indescribable delight and enjoyment to the heavens. However, the voice added, if they had a Minyan studying together, then they would bring even greater joy to the heavens, and their learning would attain an even higher level. Maran related this incident to the people the next day, and on the second night, they assembled a Minyan and again remained awake throughout the night. And that night, too, a voice burst forth from the heavens emphasizing the immense joy they brought to the Almighty. This incident demonstrates the unique importance and significance of this practice, and the profound impact it has upon the upper worlds. The custom is to read the special "Tikkun" which appears in Keri'eh Mo'ed. One should not belittle the importance of this reading. Even though it consists of simple verses and passages, this is a time-honored custom that should be respected and followed. The "Tikkun" generally takes approximately 2-3 hours (depending, of course, on the speed at which it is read), and after one completes the reading, he is certainly allowed and encouraged to study Gemara or any other area of Torah that he wishes to learn. Everyone should make a point of observing this ancient custom, and it is advisable to rest on Ereb Shabuot so that one will be able to remain awake throughout the night. It must be noted, however, that this custom which has been observed for generations certainly did not entail remaining awake throughout the night and then sleeping the entire next day. This accomplishes nothing other than reversing night and day, which has no value whatsoever. Undoubtedly, the custom was – and should be – to remain awake throughout the night, sleep a few hours after Shaharit to regain one's strength, and then learn Torah during the day. This is, without question, the way the custom was practiced, and this should be our practice, as well, each year on Shabuot. Summary: One should make every effort to observe the time-honored tradition to remain awake studying Torah on the first night of Shabuot, and to rest before the onset of Yom Tob to help him remain awake during the night. One should read the traditional "Tikkun" and then spend the remaining hours studying whichever area of Torah he chooses. One should not sleep the entire next day; he should instead sleep for several hours to regain his strength and then continue studying Torah.
It is standard medical procedure for expectant mothers to undergo periodic ultrasound examinations, during which the physicians see the fetus so it can be carefully examined to ensure it is developing properly. During this examination, the doctor can easily identify the fetus' gender, and doctors generally pass on this information to the parents. The question arises whether it is proper, from a Torah perspective, for the parents to learn the fetus' gender during pregnancy. The Torah commands, "Tamim Tiheyeh Im Hashem Elokecha" ("You shall be innocent with Hashem your G-d" – Debarim 18:13), which is understood as an obligation not to concern ourselves with the future, to conduct ourselves the way we see fit, placing our trust in Hashem, without trying to access information about the future. Does finding out a fetus' gender violate this principle? We do not find any clear-cut basis in Halachic literature to forbid such a practice, and it would appear that learning a fetus' gender does not indicate a lack of faith in G-d or an inappropriate attempt to access information about the future. There is, however, one interesting passage in the Midrash which perhaps leads us to discourage this practice. The Midrash (Kohelet Rabba) lists several pieces of information which G-d withheld from human beings. For example, nobody knows when he will leave this world, and, quite obviously, G-d arranged this intentionally so that we will always conduct ourselves properly, rather than wait and repent shortly before we die. As we do not know when we will leave this world, we have no choice but to approach every day as potentially our last, and conduct ourselves accordingly. The Midrash also includes in this list the thoughts of other people. G-d does not empower us to read other people's minds, because if people could access each other's thoughts, the world would be overrun by animosity. The Midrash lists a fetus' gender as one of the pieces of information which G-d withholds from us. No reason is given, but we can reasonably assume that if the Midrash includes a fetus' gender in this list, there must be a valuable reason for this information to be denied to us. Perhaps, if the mother was hoping for one gender, then knowing that the infant is the other gender could cause her distress, which might be detrimental to the child. Or, perhaps to the contrary, knowing the gender during pregnancy diminishes from the excitement when the baby is born. In any event, the Midrash clearly indicates that it is for our benefit that G-d conceals from parents their child's gender during pregnancy. While this Midrash certainly does not suffice to establish a Halachic prohibition against finding out a fetus' gender, it would seem that this is something which should be discouraged, unless there is a particular reason to obtain this information. In some situations, the parents need to know ahead of time whether a Berit Mila must be arranged, and there might be circumstances where for purposes of Shalom Bayit (harmony between husband and wife) this information is valuable. When such a need arises, it is certainly acceptable to be told the gender, as this does not violate any Halachic prohibition. We should add that if the father is a Kohen, there might actually be value in the parents' finding out the fetus' gender. The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) addresses the question of whether a woman who is married to a Kohen may come in contact with Tum'at Met (the impurity generated by a human corpse) during pregnancy, such as by visiting a cemetery or entering a home where a corpse is present. All male Kohanim, including infants, are included in the prohibition which forbids Kohanim from coming in contact with Tum'at Met, and the question thus arises as to whether a pregnant wife of a Kohen should avoid Tum'at Met, in case she gives birth. The Mishna Berura rules that this is permissible, because it is a situation of "Sefek Sefeka" – where two uncertainties are involved. First, it is uncertain whether the fetus is a boy, who is forbidden from coming in contact with Tum'at Met, or a girl, who is not forbidden. Second, it is possible that the infant will be stillborn, Heaven forbid, in which case, of course, there is no prohibition. On this basis, the Mishna Berura permits the pregnant wife of a Kohen to go to a place where there is a human corpse. However, in a situation where Halacha permits something because of a "Sefek Sefeka," if it becomes possible to resolve one of the uncertainties, there is an obligation to do. Therefore, in the case of a wife of a Kohen who is pregnant, there is value in determining the gender in order to resolve the first uncertainty. Then, if she is carrying a boy, she would be required to avoid exposure to Tum'at Met, and if it is a girl, this would not be necessary. It should be noted that the Magen Abraham (Rav Abraham Gombiner, 1633-1683) maintained that the pregnant woman in any event would be permitted to go to a place where there is Tum'at Met, because the prohibition does not apply in such a case. Therefore, in consideration of this opinion, we would not go so far as to require a Kohen's pregnant wife to determine the child's gender. (Parenthetically, we should note that a Kohen's wife is certainly allowed to go to a hospital to deliver the child, despite the high probability that there is a human corpse in the hospital, because this is a situation of Pikua'h Nefesh – a potentially life-threatening circumstance. Additionally, the spread of Tum'a from one room to another and one floor to another in the hospital likely occurs only Mi'de'rabbanan (on the level of Rabbinic enactment), such that there is greater room for leniency.) Summary: There is no Halachic prohibition against finding out a fetus' gender during pregnancy, though it is preferable not to, unless there is a particular need, or if not knowing could compromise Shalom Bayit. If the father is a Kohen, it might, according to some opinions, be preferable to find out the gender, so that the mother will avoid places of Tum'at Met if it's a boy, and will not have to avoid such places if it is a girl. If the couple does not know the gender, the woman is nevertheless allowed to visit places where there is Tum'at Met.
Our Sages in several contexts emphasized the importance and value of the Misva of Hachnasat Orehim – welcoming guests. The Gemara comments that Hachnasat Orehim is even greater than "Kabbalat Peneh Shechina" (greeting the Shechina). Elsewhere, the Talmud teaches that a place where guests are not welcome will be destroyed, just as happened to the sinful city of Sedom, where hospitality was not allowed. Furthermore, the Mishna in Pe'a includes Hachnasat Orehim in its list of Misvot for which one is rewarded both in this world and the next. And other sources mention many Berachot that are earned through this Misva, including children, rain in its proper time, longevity, and others. Among the Halachic issues that arise when hosting guests is whether the hostess is permitted to pour wine or other alcoholic beverages for a male guest. We know that when a wife is a Nidda, she is not allowed to pour wine or other alcoholic beverages for her husband, unless she does so in an abnormal manner (such as by pouring with her left hand if she normally pours with her right). According to some Halachic authorities, this applies also to a married woman serving a man other than her husband, and thus a hostess should not pour for her male guests in the interest of modesty. By contrast, the work Ezer Mi'siyon writes that this restriction applies only to a married couple when the wife is a Nidda, and a hostess is permitted to pour alcoholic drinks for her guests. In practice, Rav Shayo, in his work Petah Ha'ohel (p. 87; listen to audio recording for precise citation), rules that generally a hostess should not pour wine for a male guest, and if she does, the guest should ensure not to look at her as she pours. However, if the hostess is hosting a large meal, with many guests around, then according to some Halachic authorities it is permissible for the hostess to pour for her guests. Summary: Generally speaking, a hostess should not pour wine or other alcoholic beverages for a male guest, unless she is serving a large meal and there are several other people at the table with them.
Is it permissible according to Halacha for a man to shake a woman's hand? The Ben Ish Hai (Rabbi Yosef Haim of Baghdad, 1833-1909) addresses this question in his work Od Yosef Hai (Parashat Shofetim, 22; listen to audio for precise citation). He records there the practice that had become customary in Europe for guests to tightly grasp the hands of the host and hostess upon arriving in the home. The Ben Ish Hai writes that since a handshake serves to express mutual feelings of friendship and affection, it falls under the Halachic category of "Derech Hiba" – affectionate contact with a member of the opposite gender – and is forbidden. In this context the Ben Ish Hai cites a comment of Rabbi Yehuda Ha'Hasid (Germany, late 12th-early 13th century), in his Sefer Hasidim (1090), forbidding shaking hands with a gentile woman, even if the woman's hand is covered with a glove. The Ben Ish Hai explained that although the Sefer Hasidim speaks here specifically of gentile women, it did not intend to permit shaking hands with Jewish women. Rather, the Sefer Hasidim seeks to dispel the possible misconception that one would be allowed to shake a gentile woman's hand in order to avoid the ridicule that might result from refusing to shake her hand. The Sefer Hasidim thus emphasized that a man may not shake hands even with a gentile, but it goes without saying that shaking hands with a Jewish woman is forbidden. Thus, it is strictly forbidden for a man to shake a woman's hand, regardless of whether or not she is Jewish; this prohibition applies even in professional contexts, where the accepted protocol is to shake hands even with members of the opposite gender.
The Hid"a (Rav Haim Yosef David Azulai, 1724-1807), in his work Moreh Be'esba (2:41), discusses the unique significance of studying Mishna (listen to audio recording for precise citation). He notes that the word "Mishna" has the same letters as "Neshama" ("soul"), indicating that studying Mishna has the capacity to cleanse and rectify the soul. Citing from the students of the Arizal, the Hid"a writes that when one learns Mishnayot from Seder Zera'im, the first section of the Mishna, which begins with Masechet Berachot, he should have in mind that he seeks to correct sins involving forbidden foods and Berachot recited in vain. The soul then receives a "Tikkun" (rectification) for these sins through the learning. When learning Seder Mo'ed, which discusses the laws of Shabbat and holidays, one should have in mind to correct sins involving the desecration of Shabbat and Yom Tob. When learning Seder Nashim, one should have in mind to correct sins relating to immorality, and sins involving vows (as Seder Nashim includes the laws of vows). When learning Seder Nezikin, one should have in mind damage that he may have caused to other people. When learning Seder Kodashim, one should have in mind to atone for having profaned his sacred soul, and for laxity in the Halachot involving preparing meat for consumption (slaughtering and inspecting the animal), as these Halachot are discussed in Seder Kodashim. Finally, when learning Sefer Taharot, one should have in mind sins involving family purity, bodily emissions, and laxity in the obligation of Netilat Yadayim. (Incidentally, the fact that laxity in Netilat Yadayim requires a special Tikkun reminds us of the importance of this Misva, and how careful we must be to fulfill the obligation of Netilat Yadayim properly.) The Hid"a adds that there is nothing as valuable as the study of Mishnayot in a loud, clear voice. Furthermore, he writes, Asher, Yaakob's son, stands by the entrance of Gehinam, and rescues anyone who has studied Mishna. This is the meaning of the verse, "Me'Asher Shemena Lahmo" ("From Asher – his bread is hearty" – Bereshit 49:20). The word "Shemena" has the same letters as "Mishna," suggesting that Asher benefits people who study Mishna. This is especially appropriate and worthwhile to bear in mind as we begin a new cycle of Daf Yomi, as the study of Mishna and Talmud offers us the special opportunity to rectify our souls and reach greater heights of holiness and spirituality.
We have explained in a previous daily Halacha (see the Halacha entitled "Lag BaOmer- Cutting Hair, Weddings, Music, and More"), that Sephardim do not take hair cuts until the 34th day of the Omer. This is unlike the Ashkenazim who take hair cuts from the 33rd day of the Omer. So the question was asked about a case that is occurring this year 5765 (2005). Would it be permissible for a Sephardi to take a hair cut on the 33rd day of the Omer if the 34th day of the Omer falls out on Shabbat? Maran writes clearly in Shulchan Aruch that yes in deed, it is permissible for Sephardim to take a hair cut on the 33rd day of the Omer when the 34th day of the Omer falls out on Shabbat. One would not have to wait until Sunday. For that matter, Chacham Ovadia Yoseph writes in Yichaave Da'at in Helek 4, siman 32 that it is permissible to get a hair cut on Friday at any time. One does not have to wait until the afternoon. One can get a hair cut in the morning if he wants. As a mater of fact, Chacham Ovadia Yoseph says a person can even get a hair cut the night before (33rd of the Omer at night) if there is sufficient cause. For example, one can take a hair cut the night before if he has a business appointment the next morning, or if he can not get a hair cut appointment during the day, or if he needs to attend a Simcha. The question was asked about children and ladies and whether or not they may take hair cuts during the Omer. Well, we discussed this before in Daily Halacha (see the Halacha entitled "Lag BaOmer- Cutting Hair, Weddings, Music, and More"), but let's just repeat them again today for the purposes of review. Ladies are allowed to take hair cuts at any time during the Omer. As for children, they too may take hair cuts at any time during the Omer. Only once the boy becomes Bar Mitzvah he may not take hair cuts until the 34th (for Sephardim). But girls and ladies of all ages are not bound by this rule, and they may take a hair cut at any time during this period. The question was also asked about beards. Is it permissible to shave a beard on the 34th day of the Omer? More specifically, would it be permissible to allow Sephardim this year to shave on the 33rd? Chacham Ben Tzion Aba Shaul in his recently published book 'Or L'Tzion 3' discussed the Minhag of the Kabalists who do not take hair cuts for the 49 days of the Omer. The Arizal (Rabbi Yitzchak Luria, otherwise known as The Ari) also says this, however Chacham Ben Tzion holds that this restriction only applies to hair and not to beards. Therefore, even if someone wants to follow the Arizal and the Kabalists and refrain from taking a hair cut throughout all 49 days, he may however shave on the 34th day (the 33rd this year).
There is a widely-accepted, time-honored custom to light candle in memory of a loved one, or of a Sadik, during the Shiba mourning period, and each year on the Yahrtzeit. Although this practice is not mentioned explicitly anywhere in the Talmud, it might be alluded to in two places. First, the Gemara relates that before Rebbi (Rabbi Yehuda Ha'nasi) passed away, he gave his sons a number of instructions, one of which was that there should be a candle lit by his place. Rashi explains that Rebbi's soul returned to his home every Friday night to be with his wife, ad so he asked that there would be a candle lit by his place in honor of Shabbat. But the Yabetz (Rav Yaakob Emden, Germany, 1697-1776) suggests that this might be a basis for the custom to light a candle in honor of one's deceased parent, as Rebbi's instruction could be understood to mean that he wanted his children to light a candle in his honor. Another possible source is the Gemara's discussion in Masechet Berachot (53) of the Beracha "Boreh Me'oreh Ha'esh" recited over a flame on Mosa'eh Shabbat. The Gemara states that this Beracha may be recited only over a candle that was lit for illumination purposes, as opposed to "Ner Shel Metim" – "the candle of the deceased" – which is lit in honor of the deceased, and not for illumination. This would certainly indicate that there was a practice to light candles in honor of the deceased. However, this might refer only to candles lit around the deceased before burial, as opposed to our practice to light candles during Shiba and on the Yahrtzeit. In the writings of the Rishonim, we find mention of this concept in the Kolbo (by Rav Yehonatan of Lunel, Provence, late 13th-early 14th century), in the section discussing the laws of Yom Kippur. He writes that it is customary to light candles on Ereb Yom Kippur in memory of one's deceased parents. This custom is brought by the Rama (Rav Moshe Isserles, Cracow, 1530-1572) in his glosses to the Shulhan Aruch. The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) writes that even the deceased are, in a sense, judged on Yom Kippur, and so we light candles in their memory as a source of merit for them. What's the explanation of this practice? How does lighting a candle benefit the soul of the deceased? One explanation is that lighting a candle in itself brings no benefit to the deceased, but when candles are lit in the synagogue, this fulfills a Misva which brings merit to the deceased's soul. Generations ago, candles were needed for illumination, and so lighting candles in the synagogue was a very important Misva. Indeed, it was customary years ago for people to donate oil for the lights in the synagogue in merit of a deceased parent. More generally, lighting candles enhances the atmosphere of the synagogue, and this, too, constitutes a Misva which brings merit to the deceased. (Interestingly, one contemporary work suggested that it would be appropriate to donate towards the synagogue's electric bill as a merit for the deceased, just as years ago people would donate oil for the lights.) According to this explanation, the value of lighting candles is only when it is done for a Misva, meaning, when the candles are lit in the synagogue. However, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in his Torah Li'shmah, writes that the lighting itself brings comfort and joy to the soul of the deceased. He explains that a soul is like a candle, and similar entities are attracted to one another. Therefore, when a candle is lit at a place where the soul is present, the soul experiences some degree of enjoyment. However, the Ben Ish Hai emphasizes that this is relevant only in the place where the soul is present – namely, in the deceased's home during the Shiba period, or at the grave. According to the Ben Ish Hai, then, there is no purpose to light a candle in memory of the deceased in his or her home after the Shiba, or even during the Shiba if the mourning is observed somewhere other than the deceased's home. Regardless, the Poskim accorded great importance to this custom. It is mentioned in the major works on mourning (Gesher Ha'haim, Ma'abar Yabok). In fact, the Mishna Berura (261) writes that during the period of Ben Ha'shemashot after sundown on Friday afternoon, when it is permissible to ask a gentile to perform a Melacha (forbidden activity) on one's behalf when there is a great need, one may ask a gentile to light a Yahrtzeit candle. Meaning, if one forgot the light the candle before Shabbat, he may ask a non-Jew to do so during the period of Ben Ha'shemashot, because this is considered a matter of great need. Likewise, Hacham Bension Abba Shaul (Israel, 1924-1998) writes that if one has Yahrtzeit on Yom Tob and forgot to light the candle before Yom Tob, he may light it on Yom Tob (from a preexisting flame). This is considered a significant enough need to permit lighting a candle on Yom Tob. When lighting the candle, the Ben Ish Hai writes, it is proper to declare that the candle is being lit for the "Menuhat Nefesh" ("rest of the soul") or "Iluy Nefesh" ("elevation of the soul") of the deceased, mentioning the deceased's name. It is also proper to give some charity at the time the candle is lit. Some opinions say it is preferable to use oil for this candle, because the word "Shemen" ("oil") has the letters of "Neshama," whereas others say wax should be used, because the letters of the word "Sha'ava" ("wax") represent the verse, "Hakisu Ve'ranenu Shocheneh Afar" – "Awaken and rejoice, those who lie in the earth," the verse which speaks of the resurrection of the dead in the future. Summary: There is a time-honored custom to light a candle in memory of a deceased loved one during the Shiba mourning period, and on the Yahrtzeit. According to one view, the candles are lit in the synagogue as a merit for the deceased, whereas others explain that a candle lit in a place where the deceased's soul is present brings joy and comfort to the soul. Therefore, according to many opinions, the candles should be lit only in the deceased's home during Shiba, at the grave, or in the synagogue.
Rav Haim Palachi (Turkey, 1788-1869), in his work Mo'ed Le'chol Hai, writes that the name of the month Iyar is an acronym for the names "Abraham," "Yishak," "Yaakob" and "Rahel," and thus alludes to our righteous patriarchs. This is why it is customary to learn Pirkeh Abot during this month, as it is closely associated with the Abot (patriarchs). Rav Haim Palachi adds that it is worthwhile for those who can to visit or to donate to the burial sites of our patriarchs – Me'arat Ha'machpela and Keber Rahel – during the month of Iyar. He further writes that on Pesah Sheni, which is observed on the 14th of Iyar, we omit Tahanunim from the prayer service, and one should conduct some sort of festivity. Those who are blessed with wealth should host a meal on Pesah Sheni for Torah scholars, and some have the practice to eat Masa. On Lag Ba'omer, which is observed on the 18th of Iyar and commemorates the day of the passing of Rabbi Shimon Bar Yohai, it is customary to make a pilgrimage to Rabbi Shimon's gravesite at Meron in Northern Israel. Rav Haim Palachi warns that one must ensure not to engage in frivolity at this occasion, as the opportunity to earn great merit will then be transformed into an occasion of sin. He cites the Midrash's comment that one can earn great blessings in the merit of Rabbi Shimon by participating in this event, but only if it is done the proper way. Rav Haim Palachi adds that it is proper to read on Lag Ba'omer the book Shibheh Rashbi, which tells of the greatness of Rabbi Shimon Bar Yohai, and various famous passages about him from the Zohar. The 28th of Iyar marks the anniversary of the death of the prophet Shemuel, and the Shulhan Aruch (Orah Haim 580) records the custom observed by some people to fast on this day. There is also a custom to pray by Shemuel's gravesite on this day.
Is it proper to keep the Tzitzit of one's Tallit Katan inside his clothing, or should he expose them? Twice in his presentation of the laws of Tzitzit (8:11, 24:1), the Shulchan Aruch writes that the Tallit Katan should be worn over one's clothing, so that he sees the Tzitzit at all times and thereby be reminded of the Mitzvot. According to the Shulchan Aruch, the entire garment of the Tallit Katan should be worn over one's outermost garments (like many Chasidim do today). The Mishna Berura (8:26; commentary to the Shulchan Aruch by Rabbi Yisrael Meir Kagan, the "Chafetz Chayim," Lithuania, 1835-1933) strongly condemns the practice of those who tuck the Tzitzit inside their pants, rather than leave them exposed (listen to audio for precise citation). He writes that doing so not only undermines the purpose of Tzitzit – "you shall see them and remember all the commandments of God" (Bamidbar 15:39) – but also denigrates the Mitzva. The Mishna Berura adds that a person who received a garment as a gift from a king would proudly expose it for all to see; all the more so, then, should one make a point of exposing the Tzitzit. Those who conceal them, the Mishna Berura writes, will one day make an accounting for this shameful practice. However, the view of the Arizal (famed Kabbalist, Israel, 1534-1572), as recorded and understood by his student, Rabbi Chayim Vital (Israel-Syria, 1542-1620), and by the Chid"a (Rabbi Chayim Yosef David Azulai, Israel, 1724-1806), was that the Tallit Katan – both the garment and the Tzitzit strings – should not be exposed. Chacham Ovadia Hadaya (Israel, 1890-1969), in his work Yaskil Avdi, cites other Kabbalists who followed this view, as well. Therefore, Sepharadim, who generally follow the laws and customs of the Kabbalists, should keep their Tzitzit tucked into their garments. Chacham Bentzion Abba Shaul Z"L (Jerusalem, 1924-1998) cited his mentor, Chacham Ezra Attia Z"L (head of the renowned Yeshivat Porat Yosef in Jerusalem), as remarking that any Sepharadi that exposes his Tzitzit denigrates and casts aspersions on the previous generations of Sepharadim, who followed the practice of keeping the Tzitzit concealed. Rabbi Yehuda Tzadka Z"L (who served as Rosh Yeshiva along with Chacham Ezra Attia Z"L) testified that the esteemed Rabbi Yaakov Chaim Sofer (1870-1939), author of Kaf Ha'chayim Sofer, likewise kept his Tzitzit inside his clothing. The same is said about the prominent Kabbalist Rabbi Efrayim Cohen Z"L, and this is the ruling of Chacham Ovadia Yosef, in his work Yechaveh Da'at (2:1). Thus, in the spirit of the rule "Al Titosh Torat Imecha" ("Do not abandon your mother's teaching" – Mishlei 1:8, 6:20), Sepharadim should follow the time-honored tradition to wear their Tallit Katan and the Tzitzit strings inside their clothing, rather than expose them. It should be noted that Halacha permits allowing the Tzitzit strings to come in contact with one's skin, and one is thus not required to keep them in his pockets or tie them in such a way that they would not touch his skin.
The Shulhan Aruch (Orah Haim 42:3) writes that if one keeps his Tefillin in a bag which is exclusively designated for Tefillin, then once he placed his Tefillin in the bag, he may not then use the bag to keep money inside it. The bag at that point becomes a "Tashmish Kedusha" – an article designated for the purpose of a sacred article – and thus may not be used for money. The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) clarifies that the Shulhan Aruch mentions money only as a common example, and in truth, this Halacha applies to all items which are not sacred like Tefillin. Even things which are used for a Misva – such as a Siddur or Tehillim – may not be placed in the bag designated for Tefillin. Likewise, one may not keep in this bag the mirror he uses to help position the Tefillin on his head, or the marker he uses to paint his Tefillin. Many people keep their small Tefillin bag in a larger bag, which is used also for their Tallit and Siddur. Since this larger bag is not designated exclusively for Tefillin, it may be used for other items, even items which are not used for a Misva, such as money. This Halacha is discussed by Hacham David Yosef (contemporary) in his Halacha Berura (vol. 3, p. 301; listen to audio recording for precise citation). Summary: A bag which is designated exclusively for Tefillin may not be used to hold anything else, even a Siddur. However, if one keeps his Tefillin bag in a larger bag together with his Tallit and Siddur, then since the larger bag is not designated exclusively for Tefillin, he may keep anything else – even money – in that larger bag.
The Shulhan Aruch (Orah Haim 38:5) writes that a mourner does not wear Tefillin on the first day of mourning. If, for example, one's family member passed away, Heaven forbid, on Sunday night, and the funeral takes place on Monday, the mourner does not wear Tefillin on Monday, and he resumes wearing Tefillin on Tuesday. Often, the burial takes place the day after the passing. Hacham David Yosef (contemporary), in his Halacha Berura (vol. 3, p. 215), brings different views among the Poskim as to when the mourner resumes wearing Tefillin in such a case. The Maharit Sahalon (1559-1638) maintained that if the burial takes place the day after the death, then the mourner wears Tefillin after the burial, that same day. Since this is not the day of the loved one's passing, Tefillin is required. Others, however, including the Elya Rabba (Rav Eliyahu Shapira, Prague, 1660-1712), Mas'at Binyamin (Rav Binyamin Aharon Selnik, Poland, 1530-1620) and Peri Megadim (Rav Yosef Ben Meir Teomim, 1727-1792), disagreed. In their view, the day of the burial is treated like the day of death, and so the mourners do not wear Tefillin that day. As for the practical Halacha, Hacham Ovadia Yosef ruled that given the difference of opinion among the Poskim, in such a case one should wear Tefillin on the second day, but in private, and without reciting the Beracha. An exception to this rule is when the family member passed away on Shabbat, and is buried on Sunday. Since the burial cannot take place on Shabbat, Shabbat is not considered the first day of mourning. Therefore, Tefillin are not worn the following day, Sunday, even after the burial. This is the ruling of Hacham Ovadia Yosef (Yabia Omer, vol. 2, Y.D. 27:8), based on the Kanhag ("Kenesset Ha'gedola," Rav Haim Benveniste, Turkey, 1603-1673). On the second day of mourning, the mourner must not put on his Tefillin until after Netz Ha'hama (sunrise). This is because fundamentally, Tefillin are not worn even on the second day, but due to the rule of "Miskat Ha'yom Ke'kulo" ("part of the day is like the entirety of the day"), the mourner waits a few moments into the second day, and then resumes wearing Tefillin. Thus, on the day after the burial, the mourner must ensure not to put on Tefillin before sunrise. In the wintertime, sunrise can be as late as 7:20am or so, and so mourners must be cognizant of this Halacha and make a point of not putting on their Tefillin on the day following the burial until after sunrise. Summary: Mourners do not wear Tefillin on the first day of mourning; they resume wearing Tefillin after sunrise on the day following the burial. If the burial did not take place on the day of the family member's death, then the mourner puts on Tefillin after the burial, in private and without a Beracha, unless the family member died on Shabbat and was buried on Sunday, in which case the mourner does not put on Tefillin until after sunrise on Monday morning.
A situation recently arose concerning a family in Montreal who lost a relative, Heaven forbid, living in Miami. The family in Montreal did not to travel to join the other relatives at the funeral, which was held two days later, and they therefore faced the question of when to begin Aveilut (mourning). Does the period of Aveilut begin only after the funeral, in which they case they should call the relatives in Miami to find out when the funeral concluded and then begin Aveilut, or should they begin immediately? Although generally mourning observances begin only after the funeral, perhaps in this case, when the relatives are not attending the funeral, they should begin observing Aveilut immediately upon hearing of the unfortunate news. This issue is subject to a debate among the Halachic authorities. Many authorities, including the Sedei Chemed (Rabbi Chayim Chizkiya Halevi, Israel, 1832-1904) and Rabbi Shlomo Zalman Auerbach (Israel, 1910-1995), ruled stringently, and held that the period of Aveilut cannot begin until after the funeral. Others, however, including Rabbi Moshe Feinstein (Russia-New York, 1895-1986), in his Iggerot Moshe (Yoreh Dei'a, vol. 1, 253), held that relatives who do not travel to the funeral begin observing Aveilut immediately upon learning of the passing. This is the view taken by Rabbi Shemuel Wosner (contemporary, Israel), in his work Shevet Ha'levi. Rabbi Shemuel Pinchasi, in his work Chayim Va'chesed (3:13), cites both opinions. Chacham Ovadia Yosef (ibid) ruled that in situations where Yom Tov begins after the person's death but before the funeral, relatives who do not travel for the funeral may follow the lenient position and begin the Aveilut immediately. In such a case, following the stringent view would require delaying Aveilut until after Yom Tov, which might cause considerable difficulty. A person in this situation may therefore follow the lenient position and begin Aveilut immediately upon hearing of the relative's passing, such that the onset of Yom Tov will cancel the rest of Aveilut. In all other situations, however, Chacham Ovadia requires delaying Aveilut until after the funeral. As for the final Halacha, from my consultation with several leading Rabbis in our community it emerges that we follow the lenient view, and allow mourners who are in a different city and are staying there, to begin observing Aveilut immediately. This applies to all cases of a person who does not attend a relative's funeral when in a distant location. Summary: If a person loses a family member, Heaven forbid, in a distant location, and he does not travel to the funeral, some authorities maintain that he may begin Aveilut immediately, whereas others require that he delay Aveilut until after the funeral. The general practice in our community is to allow the individual to begin Aveilut immediately.
The custom of the Sepharadim is to conduct the Birkat Kohanim service during the Shaharit prayer as usual in the house of an Abel (mourner) during the seven days of mourning. However, if the Abel himself is a Kohen, he should not recite Birkat Kohanim. He should instead leave the room at that point in the service, and not participate in the Beracha. If no Kohanim are present in the house of the Abel, or if the community follows the custom not to recite Birkat Kohanim in a house of mourning, then the Hazan recites the passage, "Elokenu V'Elokeh Abotenu Barechenu Ba'beracha Ha'meshuleshet…" in place of Birkat Kohanim. If a mourner who is a Kohen prays in the synagogue on Shabbat during the seven-day mourning period, then he should leave the synagogue at the time of Birkat Kohanim, rather than participate with the other Kohanim. However, if there are no other Kohanim present in the synagogue, then he should recite Birkat Kohanim. In such a case, refraining from reciting Birkat Kohanim would make a public spectacle of the Abel's status of mourning. On Shabbat it is forbidden for a mourner to observe "Abelut Be'farhesya" – public expressions of mourning, and he should therefore recite Birkat Kohanim in the synagogue on Shabbat if no other Kohanim are present. If there are other Kohanim, however, then his non-participation is not readily noticeable, and he should therefore not take part in the Beracha. A Kohen who is a mourner resumes his regular participation in Birkat Kohanim immediately after the seven-day mourning period. No distinction is made in this regard between mourning for parents and mourning for other relatives; in either instance, he resumes his participation in Birkat Kohanim upon the completion of the seven days. Summary: The custom among Sepharadim is to recite Birkat Kohanim in a house of mourning, but if the mourner is a Kohen he should leave the room and not recite Birkat Kohanim. On Shabbat during the seven days of mourning, a mourner who is a Kohen does not recite Birkat Kohanim unless there are no other Kohanim in the synagogue. The mourner resumes his participation in Birkat Kohanim immediately after the seven days.
A person who loses an immediate relative, Heaven forbid, has the status of "Onen" from the time of the family member's passing until the burial. During this period of "Aninut," he is exempt from all Misvot, including the recitation of Berachot. In order to ensure that he focuses his attention fully on the burial needs of the deceased, Halacha exempts an Onen from Misva obligation. In fact, it is improper for an Onen to perform Misvot, as this diminishes from his focus upon the needs of the deceased. One exception to this rule is wearing a Tallit Katan. Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) ruled that since the Tallit Katan is part of the mourner's normal attire, he may wear it even as an Onen, as it will not diminish from his focus on the burial. This is no different, Rav Shlomo Zalman noted, from Misvot that one fulfills in his thoughts, which may be fulfilled during the period of Aninut. May an Onen give charity? Rav Shlomo Zalman ruled that if an Onen wishes to give charity to benefit the soul of the deceased, then not only is this permissible, but to the contrary, it fulfills the objective of Aninut, which is to care for the needs of the deceased. It would therefore certainly be appropriate and even admirable for an Onen to give charity to benefit the soul of his deceased family member. If an Onen mistakenly recites a Beracha, those who hear the Beracha should not answer "Amen." Since the Beracha was unwarranted and should not have been recited, it does not warrant the response of "Amen." This is the view of Tosafot (Talmud commentaries by Medieval French and German scholars) in Masechet Mo'ed Katan (28). If a person becomes an Onen, Heaven forbid, during the period of Sefirat Ha'omer, may he count the Omer, so that he will not miss a full day of counting? In most cases, this question does not arise, because a person does not normally remain an Onen for an entire twenty-four-hour period. If a family member passed away at night, before one counted the Omer, it is likely that the burial will take place before sundown the following day, in which case he should count the Omer after the burial, when he is no longer an Onen. He would count the Omer without a Beracha, just as one does if he forgot to count at night and counts during the day. The question arises, however, in a situation where the burial did not take place before sundown on the following day, such that one remained an Onen throughout the 24 hours when the Omer could have been counted. If he does not count the Omer at some point during that day, he will then be unable to continue counting with a Beracha. Is he allowed to count the Omer despite his status as an Onen, or must he miss a day of counting? The Bei'ur Halacha (commentary by Rav Yisrael Meir Kagan of Radin, 1839-1933), in Siman 489, cites the view of the Noda B'yehuda (Rav Yechezkel Landau of Prague, 1713-1793) allowing an Onen to count the Omer without a Beracha in such a case, so that he does not miss an entire day of counting. Hacham Ovadia Yosef, however, disagrees, noting that if an individual is exempt from the obligation of Sefirat Ha'omer, then even if he counts, he will be considered to have missed a day of counting. If one counts the Omer when the Misva does not apply to him, then he is not considered as having fulfilled that day's obligation of counting, since he did not perform a Halachically mandated counting. As such, he will in any event be considered to have missed a day. Therefore, according to Hacham Ovadia, one should not count the Omer in a state of Aninut, even if this means that he will be unable to continue counting with a Beracha. Hacham Ovadia notes that this is the view taken by several other authorities, including the Shalmeh Sibur and Rav Haim Palachi. Summary: A person who loses an immediate relative, Heaven forbid, should not perform Misvot or recite Berachot until after the burial. If he mistakenly recites a Beracha, those who hear the Beracha should not answer "Amen." He may, however, wear a Tallit Katan, and give charity to benefit the soul of the deceased. If this happens during the Omer period, he should not count Sefirat Ha'omer, even if this means that he will miss a full day and thus be unable to continue counting with a Beracha. In most cases, however, the burial will take place before sundown, thus allowing the mourner to count the Omer before the end of the day.
It is forbidden to extend the greeting of "Shalom" to a mourner within twelve months of the passing of his or her father or mother, Heaven forbid. A person who has recently suffered such a loss is not in a position to experience "Shalom," and this greeting is thus inappropriate during this period. A mourner is allowed to extend such a greeting to others; the prohibition applies only to others greeting a mourner with the word "Shalom." It is permissible to extend other kinds of greetings to a mourner, such as "good morning," "good health," and the like. The Sages enacted this prohibition only with regard to the specific greeting of "Shalom." With regard to the common greeting of "Shabbat Shalom" on Shabbat, the Shulhan Aruch, in the laws of mourning, records a custom (based on the Talmud Yerushalmi) to allow extending the greeting of "Shabbat Shalom" to mourners on Shabbat, and this is, indeed, the accepted practice. It is also permissible to extend to a mourner the greeting of "Shalom Alechem" that is customarily exchanged after Birkat Ha'lebana. The reason for this greeting is that since we recite several verses about the downfall of our enemies ("Tipol Alehem Emata Va'fahad…"), we greet one another with "Shalom Alechem" to make it clear that we did not have one another in mind when we expressed our hopes for our enemies' demise. Thus, this greeting is intended not as a friendly gesture, but rather to avoid possible misunderstandings and ill-will, and it is therefore permissible to extend this greeting to a mourner. Furthermore, this greeting is formulated in the plural form – "Alechem" – and thus refers to the entire congregation, and not only to the particular individual that one addresses, and for this reason, too, one may extend this greeting to a mourner. It is forbidden to give a mourner a gift throughout the twelve-month period after a parent's passing. There is no greater "friendly greeting" than a gift, and one therefore may not give a gift to a mourner within twelve months after the passing of his or her parent. This discussion applies only to one observing Abelut (mourning) over a father or mother, Heaven forbid. In the case of one who lost another family member, Heaven forbid, these restrictions apply only during the first thirty days, but not afterward. Summary: It is forbidden to greet a mourner with the greeting of "Shalom," or give a mourner a gift, within twelve months of the passing of his or her parent. It is permissible, however, to extend other greetings, and to greet a mourner with the greeting of "Shabbat Shalom" on Shabbat, and with the "Shalom Alechem" greeting customarily extended after Birkat Ha'lebana. In the case of the passing of another family member (as opposed to a parent), these Halachot apply only during the first thirty days.
It is forbidden to enter a cemetery, or to come within four Amot of a grave, while one's Sisit are exposed or while wearing Tefillin. Public Misva observance in close proximity to a grave is an insult to the deceased, as it appears as though one taunts the deceased who no longer has the opportunity to perform Misvot. One is therefore not permitted to display his Sisit or wear Tefillin in a cemetery or near a grave. Likewise, it is forbidden to study Torah or pray within four Amot of a grave. One may, however, speak words of Torah or Hit'orerut (religious inspiration), or recite Tehillim, near the grave for the purpose of bringing merit to the deceased's soul. Sephardic custom similarly allows reciting Kaddish for the deceased by his grave. One must conduct himself with respect and decorum in a cemetery. Frivolity and laughter are forbidden in a cemetery. Halacha also forbids using the cemetery in a disrespectful manner, such as by bringing animals to graze there, or running an irrigation system through it. One may not eat or drink in a cemetery, even if his intention is to recite Berachot to benefit the soul of the deceased, as this is disrespectful. Smoking in a cemetery is likewise forbidden. One may not sit or step on a grave. A number of sources (Eliyahu Rabba 224:7, Kaf Ha'haim Sofer – Orah Haim 224:41) record the practice to place a small stone or piece of grass on the grave before leaving the cemetery, as an indication of, or testament to, one's visit to the grave. Others, however, claim that one specifically should not place anything on a grave, as this is disrespectful. This was the custom of the Kabbalist Rabbi Sulman Musafi. Summary: It is forbidden to publicly perform Misvot in a cemetery, but one may speak words of Torah or recite Tehillim in a cemetery to benefit the deceased's soul. One must conduct himself respectfully and reverently in a cemetery; joking, eating, drinking and smoking are forbidden.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** During the spring and summer months, many people have the custom to accept Shabbat and recite Arbit before sundown on Friday afternoon. The question arises as to whether a person who follows this practice may count Friday's counting of Sefirat Ha'omer after he recited Arbit. Suppose the individual completed Arbit some 30 minutes or so before sundown, and then he remembered that he did not count the Omer on Thursday night or during the day on Friday. On the one hand, we might contend that since the sun has not set, the day has not ended and he may therefore still count Friday's counting. On the other hand, he had already prayed the Friday night Arbit service and accepted the onset of Shabbat, effectively declaring that Friday had ended and Shabbat has already begun. Perhaps, then, he can no longer count Friday's counting. The Zera Emet (work of responsa by Rabbi Yishmael Ha'kohen of Modona, Italy, 19th century) addressed this question and ruled that a person in such a case should count the Omer before sundown without reciting a Beracha. Then, that night, he may count as usual with a Beracha. He compares this case to the Halacha cited in the Shulhan Aruch from the Terumat Ha'deshen (work by Rabbi Yisrael Isserlin, 1390-1460) regarding a person who cannot remember whether or not he counted on one of the days of the Omer. The Shulhan Aruch rules that such a person may continue counting with a Beracha, despite the possibility that he had missed a day of counting. (If a person knows definitively that he missed a day of counting, he can no longer count with a Beracha.) The Zera Emet extends this ruling to the case described above. After a person recited Arbit before sundown on Friday, it is uncertain whether or not he may still count the Omer. Therefore, he should count without a Beracha, and then his situation is no different than that of a person who simply cannot remember whether or not he counted on a given day. As such, he may resume counting with a Beracha after dark on Friday night. This is the view accepted by Hacham Ovadia Yosef, in his work Yabia Omer (vol. 4). Summary: If a person recited Arbit before sundown on Friday, and then realized that he had not counted the Omer that day, he should count before sundown without reciting a Beracha. He may then resume counting with a Beracha, as usual, that night.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** Is it permissible to make special purchases, such as buying new clothing or other significant items, during the period of the Omer, when we observe certain mourning practices? Rav Haim Palachi (Turkey, 1788-1869), in his work Mo'ed Le'kol Hai (6:12; listen to audio recording for precise citation), writes that it is proper to refrain from purchasing new garments or other significant items during the Omer period, as part of the observance of mourning. This was view of a number of other authorities, as well. It appears, however, that the Shulhan Aruch did not subscribe to this ruling. In his discussion of the mourning practices observed during the Omer, the Shulhan Aruch mentions only that one should refrain from haircutting, and that weddings should not be held during this period. He makes no mention at all of making purchases, as he does in the context of the customs of the three weeks between Shiba Asar Be'Tamuz and Tisha B'Ab. It would thus appear that the Shulhan Aruch permits purchasing new clothes and other articles during the Omer period, and this is indeed the ruling of Hacham Ben Sion Abba Shaul (Israel, 1923-1998). By the same token, it is permissible to recite the Beracha of "She'heheyanu" over a new garment and the like during the period of Sefirat Ha'omer, as the mourning observances of Sefira do not extend to new purchases. Summary: It is permissible to purchase new garments and other items, and to recite "She'heheyanu" over new garments, during the Omer period.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** How does traveling affect the Misva of Sefirat Ha'omer, and what are the procedures for counting when traveling? Needless to say, if one travels within the same time zone, his counting is unaffected. He should count during the nighttime, as usual, either in his place of origin, at his destination, or in the plane. There is no requirement to count the Omer specifically in the synagogue or at home. Similarly, if one travels from New York to California, for example, his flight should not affect his count. If he leaves in the late afternoon, then he counts the Omer that night in California. A slightly more complicated situation arises when one flies from New York to the Far East during the period of the Omer, such that he loses a day. Let us consider the example of a person who takes a Monday night flight that arrives in Hong Kong on Wednesday. On Monday night, of course, he counts as usual with a Beracha. If that night is the 32nd day of the Omer, for example, then he recites the Beracha and counts the 32nd day as usual. If he is aware when the flight crosses the International Date Line, and he sees that it is nighttime, such that it is Tuesday night at his current location, then he may count the 33rd day with a Beracha. If this is too difficult for the traveler, as he cannot precisely determine when he crossed the Date Line, or he is unsure whether it is during the night when this occurs, then he should delay the counting until he arrives in Hong Kong on Wednesday during the day. He should then count the 33rd day without a Beracha, just as one does whenever he misses a counting at night but then counts during the following day. He may then resume counting with a Beracha the next night – the 34th day of the Omer – since he did not miss an entire day of counting. Thus, when one travels to the Far East and crosses the International Date Line, he has the option of either counting with a Beracha during the flight, at nighttime, after he crosses the Date Line , or waiting until he arrives at his destination during the day and counting without a Beracha. Either way, he resumes counting the next night with a Beracha. When one returns from the Far East, then he simply counts in the Far East the night he leaves, and then counts again the next night when he returns home. Needless to say, if, as a result of crossing the Date Line, he returns home on the same day on which he had counted the Omer, he does not count again, and instead waits until the next night. Summary: One who travels to the Far East during the period of the Omer has the option of either counting the Omer with a Beracha during the flight, at night, after crossing the International Date Line, or waiting until arriving at his destination, during the day, in which case he counts without a Beracha. In either case, he counts as usual with a Beracha henceforth.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** It is customary each night during the Omer period for the Chazan to recite the Beracha and count the Omer aloud, before the congregation recites the Beracha and counts. This practice developed due to the concern that people may mistakenly count the wrong number, in which case they would not fulfill the Mitzva and would recite a Beracha Le'vatala ("wasted" Beracha). As it was assumed that Chazanim would know the correct number for the counting, the custom developed that the Chazan would first count aloud before the congregation. This practice is mentioned already by the Rashba (Rabbi Shlomo Ben Aderet, Spain, 1235-1310), in one of his responsa (126), and is discussed as well by Rabbi Chayim Palachi (Turkey, 1788-1868) in his work Mo'ed Le'kol Chai (5:19). Rabbi Shneur Zalman of Liadi (the "Ba'al Ha'tanya," Russia, 1745-1813), in his code of Halacha (Shulchan Aruch Ha'Rav, 489:12; listen to audio for precise citation), notes an interesting Halachic dilemma that results from this custom. There is a debate among the authorities as to whether a person fulfills a Mitzva by performing the given action without intending to satisfy his Mitzva obligation ("Mitzvot Tzerichot Kavana" or "Mitzvot Einan Tzerichot Kavana"). According to one view, a person fulfills his obligation regardless of whether or not he has the Mitzva in mind while performing the given act. If so, Rabbi Shneur Zalman notes, once the Chazan publicly counts the Omer, everybody who hears his counting has fulfilled their obligation of Sefirat Ha'omer. Even though they did not intend to fulfill their obligation by listening to the Chazan's counting, and the Chazan did not have in mind for his counting to fulfill their obligation, they nevertheless fulfill the Mitzva by hearing his counting. Rabbi Sheur Zalman adds that with regard to Mitzvot De'Rabbanan (obligations ordained by the Rabbis, as opposed to Torah law), all authorities agree that intention is not indispensable for the fulfillment of the Mitzva. Therefore, since we generally follow the view that Sefirat Ha'omer nowadays is required on the level of Rabbinic obligation, according to all opinions one fulfills his obligation to count by hearing the Chazan's counting. Seemingly, then, it should be forbidden to count with a Beracha after one hears the Chazan count the Omer. Since one fulfills his obligation by listening to the Chazan, even if he did not intend to fulfill his obligation in this manner, he may no longer count with a Beracha. Chacham Ovadia Yosef addresses this issue in his work Chazon Ovadia (Laws of Yom Tov, p. 228). He writes that in order to avoid this dilemma, one should verbally declare each year towards the beginning of the Sefira period that throughout the period he does not intend to fulfill his obligation by listening to somebody else's counting. By making such a declaration, one establishes that he intends on fulfilling his obligation only by personally counting the Omer, and he may thus count with a Beracha even after listening to the Chazan's counting. Summary: It is customary for the Chazan to count the Omer aloud with the Beracha before the congregation counts. One should verbally declare at the beginning of the Sefira period that throughout the Omer he intends to fulfill his obligation to count only through his personal counting, and not by listening to the Chazan or other person's counting.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** It is customary to refrain from haircutting during the Omer period, until the 34th day of the Omer (according to Sephardic custom). Preferably, one should also refrain from shaving during this period, though there is room to be lenient in this regard for those who need to shave for professional reasons and the like. However, even those who, for whatever reason, shave during the Omer should refrain from trimming their sideburns and any other hair on their body. The leniency applies to facial hair, but not to other hair, so they should not cut their sideburns or any other hair. The exception to this rule is a case where one's moustache is overgrown and interferes with his eating. A person in this case may trim his moustache during the Omer. This applies even to those who refrain from shaving during the Omer; they may trim their moustache if it has grown to the point where it interferes with eating. It should be noted that the custom to refrain from haircutting during the Omer applies only to the customary modes of hair removal. People occasionally play with their hair, eyebrows or beards and pluck hairs. This is permissible during the Omer, since the custom relates only to the usual methods of haircutting.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** The Shulhan Aruch writes amidst his discussion of Sefirat Ha'omer that during the Omer period, one may not sit down to a large meal within a half-hour of nightfall, the point at which he becomes obligated to count. Thus, for example, if the time for counting begins at 8:30 pm, one may not sit down to a large meal from 8:00 pm until he counts the Omer. The Rabbis were concerned that if one begins a large meal within a half-hour of the time when he must count, his involvement in the meal may cause him to forget to count. This Halacha applies only to a meal consisting of 2 oz. or more of bread. One may eat other foods or lesser amounts of bread within a half-hour of the time of Sefirat Ha'omer. The Ben Ish Hai (Rabbi Yosef Haim of Baghdad, 1833-1909), in his commentary to the Haggada, writes that it is possible to circumvent this Halacha by appointing a "Shomer" (literally, "watchman"), somebody to remind him to count the Omer. If a person designates somebody to remind him about the obligation to count, he may then sit down to a large meal within a half-hour of the time for counting. However, as the Ben Ish Hai emphasizes, this Halacha is subject to a number of conditions. Firstly, the "Shomer" cannot be eating a meal at the same time. If the "Shomer" also eats a meal, then we must be concerned that he will also forget to count the Omer, and his designation thus does not help ensure that the individual who appointed him will remember to count. Furthermore, the "Shomer" must be somebody who is obligated to count the Omer; otherwise, the "Shomer" is not thinking about the counting and therefore cannot be relied upon for a reminder. Therefore, a woman cannot serve as a "Shomer," since women are not obligated in the Misva of Sefirat Ha'omer. The Ben Ish Hai raises the interesting question of whether a person who had missed a complete day of counting may serve as a "Shomer." If one missed an entire night and day of counting, he continues counting the Omer but without a Beracha. The question thus arises as to whether or not we consider him somebody obligated to count, such that he is qualified to serve as a "Shomer." The Ben Ish Hai concludes that such a person may, in fact, serve as a "Shomer," since he is, after all, required to count the Omer. Some authorities maintain that each day of the Omer count constitutes a separate obligation, and therefore one who misses a day must still continue to count. For this reason, one who missed a day should continue counting, albeit without a Beracha. Since he must continue counting, the obligation is indeed on his mind, and he may therefore serve as a "Shomer" appointed to remind somebody to count after his meal. Summary: Within a half-hour of the time for Sefirat Ha'omer, one may not begin a meal in which he will eat 2 oz. or more of bread, unless he first appoints a man to remind him to count the Omer when the time arrives. That man whom he appoints must be somebody who is not eating a large meal at that point. It does not suffice to appoint a woman to remind one to count the Omer, since women are not included in the obligation of Sefirat Ha'omer.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** The Rishonim (Medieval Halachic authorities) debate the question of whether a person can fulfill his obligation of Sefirat Ha'omer by listening to the Hazan's counting. The famous Halachic principle of "Shome'a Ke'one" establishes that a person can fulfill his obligation to recite a certain text by listening to its recitation by somebody else. So long as both parties – the person reciting the text and the listener – have in mind that the listener fulfills his obligation by hearing the recitation, he indeed fulfills the requirement in this fashion. Seemingly, then, if the Hazan has in mind when he counts the Omer that his recitation should fulfill the obligation for those listening, those in the congregation who wish to fulfill the Misva by listening to the Hazan's counting should be able to do so. Some Rishonim, however, claimed that Sefirat Ha'omer marks an exception to the rule of "Shome'a Ke'one." The Torah presents the obligation to count the Omer with the expression, "U'sfartem Lachem" ("You shall count for yourselves" – Vayikra 23:15), which suggests that it refers to a personal obligation, like the Misva of Lulab on Sukkot. If so, then one would be required to count personally, just as one must take the Lulab personally. The word "Lachem" ("for yourselves") in this verse emphasizes that each individual must count for himself, rather than hear the counting from somebody else. Other Rishonim, however, counter that the word "Lachem" means something else entirely. One might have thought that the obligation of Sefirat Ha'omer is cast solely upon Bet Din, who should count the days until Shabuot on behalf of the rest of the nation. The word "Lachem" was therefore added to instruct that each individual bears this obligation. This is not to say, however, that the standard principle of "Shome'a Ke'one" does not apply. In light of this debate, it is proper for each individual to personally count the Omer, rather than simply listen to the Hazan's counting. It must be emphasized that the Hazan customarily counts aloud before the congregation not so that the congregation fulfills its obligation through his counting, but rather to inform everybody of which number day they must count that night. Interestingly enough, the custom in Egypt was, at one point, for the congregation to count before the Hazan, in order to avoid the misconception that one can fulfill his obligation through the Hazan's counting. The Egyptian communities changed their practice, however, because people frequently counted the wrong day. In any event, one must ensure to count the Omer himself, rather than rely on the Hazan's counting. Summary: One must count the Omer personally; the Hazan customarily counts the Omer aloud before the congregation only to inform them of which number day to count, and not for them to fulfill their obligation by listening to his counting.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** The Sha'ar Hakavanot (collection of Kabbalistic teachings) writes that after one counts the Omer – meaning, after reciting the Beracha and then counting that day's number – one should offer a prayer for the rebuilding of the Bet Hamikdash. The text of this prayer is, "Harahaman Hu Yahazir Abodat Bet Hamikdash Limkomah Bimhera Beyamenu Amen" ("The Merciful One shall restore the service of the Temple to its place, speedily and in our days, Amen"). The reason for this practice is that according to most Halachic authorities, the Misva of counting the Omer applies nowadays Mi'de'rabbanan – by force of Rabbinic enactment – as opposed to Torah law. The Torah obligation of Sefirat Ha'omer applied only in the times of the Bet Hamikdash, when we offered the special Omer sacrifice, whereas nowadays, in the absence of Bet Hamikdash, when we cannot bring this offering, our counting is only commemorative. Therefore, after we count the Omer each night, we pray to God to rebuild the Bet Hamikdash so we can offer the Korban Ha'omer, and then we will be able to count in fulfillment of the actual Misva. And even according to those authorities (such as the Rambam) who maintained that Sefirat Ha'omer is required by Torah law nowadays, we offer a prayer that the Temple will be rebuilt so we can offer the Korban Ha'omer. This also answers the question addressed by the Halachic authorities as to why we do not recite the Beracha of "Shehehiyanu" the first time we count the Omer each year. As we know, whenever we perform a Misva that presents itself on infrequent occasions, we recite the Beracha of "Shehehiyanu." Seemingly, this should apply to Sefirat Ha'omer, as well, yet Halacha does not require reciting this Beracha before the counting of the Omer. The reason is that when we count the Omer, we are mindful of the fact that we count only as a commemoration of the actual Misva, which we cannot fulfill in its true form due to the absence of the Bet Hamikdash. The counting of the Omer thus evokes a degree of sorrow, and does not warrant the recitation of the festive "Shehehiyanu" blessing. Summary: It is customary to recite immediately after Sefirat Ha'omer a brief prayer for the rebuilding of the Bet Hamikdash: "Harahaman Hu Yahazir Abodat Bet Hamikdash Limkomah Bimhera Beyamenu Amen."
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** If a person forgot to count the Omer at night, and also forgot during the following day, but remembered shortly after sundown, may he still count the Omer? Let us take the example of a person who forgot to count the 26th night of the Omer, and forgot also the following day, until a few minutes after sunset. It is obvious that he cannot count with a Beracha, since one does not recite the Beracha if he forgot to count at night and counts the following day. The question, however, is whether he can count the 26th day without a Beracha and then count the 27th day that night, after dark, with a Beracha, just as one would if he counted during the day before sundown. The 13.5-minute period immediately after sunset, which is called "Ben Ha'shemashot," is a time of "Safek" (uncertainty), which means that it is uncertain whether it is regarded as daytime or nighttime. The question thus becomes whether counting the Omer during this period fulfills the previous day's counting, or whether we must consider the possibility that the subsequent day has already begun, such that it is too late to count the previous day's counting. This issue is subject to a debate among the Halachic authorities. The Hid"a (Rav Haim Yosef David Azulai, 1724-1806), in his Birkeh Yosef, writes that in such a case one cannot continue counting with a Beracha. Hacham Ovadia Yosef, however, in his Hazon Ovadia – Hilchot Yom Tov (p. 238), disagrees, and claims that counting the Omer during "Ben Ha'shemashot" suffices to allow one to continue counting with a Beracha. He adds, however, that a person in this case must ensure throughout the remaining nights of the Omer to count after "Ben Ha'shemashot." Since he has established that he considers this period daytime, he can no longer do the nighttime counting during "Ben Ha'shemashot," as he would then be acting in a self-contradictory manner. Rav Yaakob Haim Sofer (Baghdad-Israel, 1870-1939), in his Kaf Ha'haim (#83), writes that a person in this case should ensure henceforth to hear the Beracha recited from somebody else, rather than actually recite the Beracha, in order to satisfy all views. One who wishes to follow this stringency may certainly do so, but according to the strict Halacha, an individual in this case may continue counting with a Beracha, provided that he ensures to count after "Ben Ha'shemashot," as discussed. Summary: If one forgot to count the Omer at night and also during the next day, but he counted during the 13.5-minute period after sundown, he may continue counting on subsequent nights with a Beracha. He must, however, ensure from that point on to count after this 13.5-minute period, since he has established that he treats this period as daytime. One who wishes to be stringent and satisfy all views should try to hear the Beracha from somebody else for the rest of the Omer period, rather than recite the Beracha himself.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** If a person is unsure whether or not he counted a day of the Omer, and cannot determine conclusively if he had counted or if he had missed that day, he continues counting the Omer each night with a Beracha. This is the explicit ruling of the Shulhan Aruch. However, this Halacha applies only in cases of general uncertainty whether or not a day of counting was missed. But if a person knows for certain that he did not count one night, and is unsure whether or not he counted during the next day, then he continues counting without a Beracha. This is the ruling of the Erech Ha'shulhan (Rabbi Yishak Taib, Tunisia, 1786-1828). Since he knows with certainty that he had not counted at night, he may not count with a Beracha unless he knows for certain that he counted during the next day. If a person knows for certain that he counted, but is unsure whether he counted the correct number, as he suspects that he might have counted incorrectly, he may continue counting with a Beracha. This is the ruling of Hacham Ovadia Yosef in Hazon Ovadia – Hilchot Yom Tob (p. 238). If one did not count the Omer until the end of the night, and he is unsure whether he counted while it was still nighttime or whether it was already the beginning of the next day, he continues counting with a Beracha. This is the ruling of the Maharash Engel (5:48).
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** A father bears the obligation to train his sons to perform the Misva of Sefirat Ha'omer once they reach the age of Hinuch (training in Misva observance), which is generally defined as approximately six or seven years of age. He should therefore recite the Beracha and count the Omer with his sons each night during Sefirat Ha'omer. Even if a child missed a day of counting, the father should nevertheless have him count on the remaining nights with a Beracha. Although an adult who misses a day of counting does not recite the Beracha when he counts on the subsequent nights, in the case of a child, he should nevertheless be taught to recite the Beracha as part of his training in the proper performance of this Misva. An interesting Halachic irony arises in the case of a boy who becomes Bar-Misva during the Omer period. We follow the position of the Behag ("Ba'al Halachot Gedolot"), that the forty-nine days of counting constitute a single Misva, such that one missed day undermines the fulfillment of the Misva even with respect to the other days. For this reason, as mentioned, a person who misses a day of counting no longer counts the Omer with a Beracha. By the same token, Hacham Ovadia Yosef rules that if a child becomes Bar-Misva during the Omer period, on the day he turns thirteen he must discontinue reciting a Beracha before counting. During the previous days of the Omer, he counted as a minor, who is not, strictly speaking, obligated in Misvot, and he has therefore not performed an official "counting" of the Omer until his thirteenth birthday, when he becomes obligated. Hence, he cannot perform the complete forty-nine-day counting – just like a person who missed a day or several days of counting. Therefore, ironically enough, even though he had been counting with a Beracha before his Bar-Misva, upon reaching the age of Bar-Misva he may no longer recite a Beracha before counting the Omer. Hacham Ben Sion Abba Shaul (Israel, 1924-1998) disagreed with this position, and held that a young man in this situation should continue counting the Omer with a Beracha. Nevertheless, in light of the fundamental rule of "Safek Berachot La'hakel" – we do not recite Berachot in situations of Halachic doubt – a boy in this situation should not recite the Beracha, in accordance with the ruling of Hacham Ovadia. Summary: A father must train his children to count the Omer each night with a Beracha once they have reached the age of Misva training. If a child missed a day of counting, he should still count with a Beracha on the subsequent nights of the Omer. If a child becomes Bar-Misva during the Omer period, he should count without a Beracha from the day he becomes Bar-Misva until the end of the Omer period.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** When Yom Tob begins on Mosa'eh Shabbat, one may not light the Yom Tob candles until the end of Shabbat. Therefore, a woman must recite "Baruch Ha'mabdil Ben Kodesh Le'kodesh" before she lights the Yom Tob candles, unless she recited Arbit with the special insert of "Va'todi'enu," which serves as a kind of "Habdala" and formally ends Shabbat. Those who every week follow the view of Rabbenu Tam, and refrain from Melacha until 72 minutes after sundown, should do so also when Yom Tob begins on Mosa'eh Shabbat, and should not light candles until 72 minutes after sunset. When Yom Tob falls on Mosa'eh Shabbat, we combine Kiddush and Habdala, and recite the Berachot in the sequence known by the acrostic "Yaknehaz": "Yayin" ("Boreh Peri Ha'gefen" over wine), "Kiddush" ("Asher Bahar Banu…Mekadesh Yisrael Ve'ha'zmanim"), "Ner" (the Beracha over the candle), "Habdala" (the Beracha of "Ha'mabdil Ben Kodesh Le'kodesh"), and "Zeman" ("She'hehiyanu"). We do not recite the Beracha over spices ("Besamim") when Mosa'eh Shabbat is Yom Tob (Mishna Berura 473:3). The custom in our community is to recite these Berachot while standing. Although we generally sit for Habdala, we nevertheless stand for the recitation of "Yaknehaz," since it is primarily Kiddush, for which we stand. One may recite the Beracha of "Boreh Me'oreh Ha'esh" over the Yom Tob candles, since they were lit for the purpose of illumination. However, if a Yahrtzeit candle was lit in memory of a departed loved one, it should not be used for the Beracha of "Boreh Me'oreh Ha'esh," since it was not lit for illumination, but to honor the memory of the deceased. If the candle was lit with the intention that the light should be used, then one may recite the Beracha of "Boreh Me'oreh Ha'esh" over it. In general, it is preferable to recite the Beracha of "Boreh Me'oreh Ha'esh" over an "Abuka" ("torch"), which means two or more wicks holding a single flame. When Yom Tob falls on Mosa'eh Shabbat, there is a practical problem using a conventional Habdala candle, since one may not extinguish fire on Yom Tob, and thus the candle will have to be left burning until it extinguishes. Therefore, if possible, one should prepare before Shabbat a surface with two wicks with some wax underneath them. These wicks should be lit on Mosa'eh Shabbat from an existing flame, and then the Beracha can be recited over this flame, which will naturally extinguish soon thereafter once all the wax has melted. If one did not prepare these wicks before Shabbat, he should recite the Beracha of "Boreh Me'oreh Ha'esh" over one of the Yom Tob candles. One should not combine two candles together for the Beracha, as it is questionable whether it would then be permissible to separate the candles. On an ordinary Mosa'eh Shabbat, if one forgot to recite "Ata Honantanu" – which is a sort of Habdala – in the Amida in Arbit, he does not have to repeat the Amida, because he will in any event recite Habdala. However, if he then ate before reciting Habdala, Hazal imposed a "penalty" requiring this person to repeat the Amida. When Yom Tob falls on Mosa'eh Shabbat, however, one who forgot to recite "Va'todi'enu" and then ate before Habdala does not have to repeat the Amida. This is the ruling of Hacham Bension Abba Shaul (Israel, 1923-1998), who explains that whereas "Ata Honantanu" was established by the Ansheh Kenesset Ha'gedola (Men of the Great Assembly), and is thus considered part of the prayer, "Va'todi'enu" was established later, during the time of Rav and Shemuel. As such, "Va'todi'enu" is not an integral part of the Amida, and therefore the "penalty" that applies to one who forget to recite "Ata Honantanu" does not apply to one who forgot to recite "Va'todi'enu." Needless to say, however, one must make every effort to remember to recite "Va'todi'enu" and not to eat before reciting the combination of Kiddush and Habdala.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** The Shulhan Aruch (Siman 467) discusses a case in which a kernel of wheat was discovered in a pot of rice or other dish cooked on Pesah. The status of the rice depends on whether the wheat kernel appears to have already become Hames. Therefore, if it is completely closed, showing no sign of swelling or cracking, Maran is lenient. The wheat should be removed and burnt, whereas the rice and the pot are permitted for use. Ashkenazim are strict in this case. However, if the wheat kernel is cracked, it is Hames. Even though the taste of wheat emitted into the cooked rice is miniscule in comparison to the amount of rice, Hames on Pesah is forbidden even "B'MasheHu"-in a minute amount. Therefore, the rice, pot and spoon used to stir are all considered Hames. Hacham Ovadia discusses an interesting case, in which, after being discovered, the kernel of wheat was subsequently lost before it could be determined whether the wheat was closed or cracked. In such a case, Hacham Ovadia is lenient based on a "Safek Safeka"-a double doubt. If the wheat was found on the last day of Pesah, Hacham Ovadia rules that one should wait until after Pesah to ask the Rabbi whether the rice is forbidden as Hames that passed through Pesah. At that time, Hames does not cause the rest of the mixture to become prohibited in such a miniscule amount.
**Today's Halacha is dedicated f or the refuah and haslacha of Ronnie, Sharon, Eli and all the children of CARE** If a gentile comes into a Jew's home on Pesah with Hames, the Jew is not required to send him out of the home. A common example of such a case is a non-Jewish workman or electrician who comes to do repairs. If he brings Hames food with him, the Jew may allow him to remain in the home, and is not required to ask him to leave. Even though the Torah formulates the prohibition of Hames with the term "Lo Yera'eh" ("it shall not be seen"), the complete phrase is "Lo Yera'eh Lecha" ("it shall not be seen to you"), which our Sages interpreted as referring specifically to Hames which one personally owns. It is not forbidden to have in one's home Hames owned by a non-Jew, and thus if a non-Jewish repairman shows up in one's home on Pesah with Hames, he may be permitted to remain. Nevertheless, it is preferable, when possible, to avoid this situation, as there is the risk that the non-Jew may leave crumbs on the table that may reach one's food. Furthermore, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in his work Rab Pe'alim (2:55), cites authorities who held that the aforementioned Halacha applies only to raw Hametz dough. According to these Poskim, although one may allow a gentile to bring dough into his home on Pesah, one may not allow baked Hametz products in his home. It is thus preferable to avoid this situation, and to respectfully ask the gentile not to bring Hametz products into the home. If, however, a non-Jewish worker did bring Hametz into the home on Pesah, no violation has been committed, and the Jew should simply clean and ensure that no crumbs were left. Summary: If a non-Jew will be coming to one's home during Pesah, such as a workman who comes to do repairs, it is preferable to respectfully ask that he does not bring Hametz into the home, but strictly speaking, the non-Jew may be allowed to enter the home with Hametz, as long as one ensures to remove any crumbs that are left.