Podcasts about halacha

Birkot Ha'shahar – the series of blessings that we recite each morning – appear to fall under the category of "Misvot Aseh She'ha'zman Gerama," meaning, Misvot that apply only at certain times. After all, although different views exist as to precisely by when these Berachot must be recited, there is a clear consensus that they must be recited specifically during the day. One view requires reciting Birkot Ha'shahar by the end of the fourth Halachic hour of the day, another view maintains that they must be recited by Hasot (Halachic midday), and the generally accepted opinion is that they must be recited before sundown. Either way, this requirement is limited to a specific time-frame. As such, we should, seemingly, apply the rule exempting women from "Misvot Aseh She'ha'zman Gerama," such that women should be exempt from the Birkot Ha'shahar obligation. Indeed, the Mishna Berura writes that women are exempt from this requirement, but he adds that Ashkenazic women may recite these Berachot voluntarily. Ashkenazic practice follows the opinion of Rabbenu Tam (France, 1100-1171) allowing those exempt from a Misva to recite the Beracha over the Misva if they wish to perform the Misva. Thus, for example, an Ashkenazic woman who wishes to take the four species on Sukkot, even though she is exempt, may recite the Beracha of "Al Netilat Lulab" over this Misva. By the same token, the Mishna Berura writes, Ashkenazic women may recite Birkot Ha'shahar if they so desire. According to this line of reasoning, Sephardic women should not recite the morning blessings. Sephardic practice does not allow the recitation of a Beracha when one voluntarily performs a Misva from which he or she is exempt. Perhaps, then, we should conclude that Sephardic women may not recite Birkot Ha'shahar. However, Hacham Bension Abba Shaul (Jerusalem, 1924-1998) ruled that women may, in fact, recite Birkot Ha'shahar, distinguishing between these Berachot and Berachot recited over a Misva which one performs voluntarily. The text of Berachot recited over the performance of a Misva thanks Hashem who "has commanded us" ("Ve'sivanu") to perform the given Misva. Sephardic custom does not allow reciting this Beracha when performing a Misva voluntarily for the simple reason that the individual cannot say "Ve'sivanu" about a Misva that he or she was not commanded to observe. The morning blessings, by contrast, praise and express gratitude to Hashem for the gifts He has granted us, such as the restoration of our souls in the morning, the ability to see, the ability to walk, and so on. These blessings, of course, are no less relevant to women than to men, and so there is no reason why a woman should not be allowed to recite these Berachot. Hacham Ovadia Yosef concurred with this ruling, but for a different reason – noting the minority opinion among the Poskim that one may recite Birkot Ha'shahar even after sundown, in the evening. This was the view of the Vilna Gaon (1720-1797) and a small number of other Halachic authorities. According to this opinion, there is no time when the Birkot Ha'shahar obligation does not apply, and thus it does not fall under the category of time-bound Misvot. Hence, women are included in the obligation. (This rationale requires further clarification, because Hacham Ovadia himself does not follow the minority opinion of the Vilna Gaon allowing the recitation of Birkot Ha'shahar after sundown. This question was posed by Rav Moshe Ha'levi, in his work Birkat Hashem.) Regardless, the accepted view is that women are required to recite Birkot Ha'shahar. Of course, they do not recite the Beracha "She'lo Asani Isha," which men recite to thank Hashem for not creating them as a woman. As men are bound by more Misvot than women, and they thus have more opportunities for serving Hashem, they are required each morning to recite this Beracha and thank Hashem for these additional opportunities. The Shulhan Aruch writes that women recite instead "Baruch She'asani Ki'rsono" – "Blessed is He who made me according to His will." This Beracha should be recited without "Hashem Elokenu Melech Ha'olam." In reciting this blessing, the woman gives thanks for her special nature, that Hashem created her as an especially refined being who does not require the same number of Misvot as men need in order to perfect herself and live a spiritually meaningful and accomplished life. Summary: Women are required to recite Birkot Ha'shahar each morning. Instead of the Beracha "She'lo Asani Isha," they recite, "Baruch She'asa Li Kol Sorki," without "Hashem Elokenu Melech Ha'olam."

Halacha allows one to recite the Birkot Ha'shahar (morning blessings) either standing or sitting. Strictly speaking, there is no preference, and one should therefore recite the Berachot in whichever position lends itself to greater Kavana (concentration). Rav Haim Palachi (Turkey, 1788-1868), in his Kaf Ha'haim, writes that one should preferably recite the Berachot while seated, as one is generally better able to concentrate and focus while sitting. Certainly, one should not recite the Birkot Ha'shahar while walking about, or while being involved in some other activity. The Ashkenazim have the practice of reciting Birkot Ha'shahar in the synagogue. In fact, the morning prayer service in Ashkenazic synagogues begins with the Hazan reciting the morning Berachot. The advantage of this custom is that it offers the congregation the opportunity to answer "Amen" to all these Berachot. The Sadikim teach that one should endeavor to answer "Amen" ninety times over the course of the day. Just as Halacha requires reciting one hundred Berachot each day, there is a tradition that we should strive for ninety "Amen" responses every day. Some have explained that the four letters that form the word "Sadik" – Sadi, Dalet, Yod, and Kuf – have the numerical values of 90, 4, 10 and 100. These allude to the ninety daily "Amen" responses, the four recitations of Kedusha (twice in the repetitions of the Amida – in Shaharit and Minha – once before Shema, and once in U'ba Le'sion), the ten Kaddish recitations that one should hear each day, and the one hundred Berachot. One who ensures to accomplish all this each day is considered a "Sadik." The Ashkenazic practice that the Hazan recites Birkot Ha'shahar in the synagogue helps ensure that a person reaches ninety "Amen" responses over the course of the day. This does not, however, appear to be the custom among Sephardim. The Shulhan Aruch writes that one who washes Netilat Yadayim in the morning at home should not recite the Beracha of "Al Netilat Yadayim" in the synagogue, because this results in a considerable lapse of time between the Misva and the Beracha . We may infer from the Shulhan Aruch's remark that reciting Birkot Ha'shahar at home, before arriving at the synagogue, is perfectly acceptable, as the only concern arises with regard to the particular Beracha of "Al Netilat Yadayim" which must be recited at the time one washes his hands. Indeed, the Arizal (Rav Yishak Luria, 1534-1572) made a point of reciting Birkot Ha'shahar in his home. This was also the opinion of the Kaf Ha'haim Sofer (Rav Yaakov Haim Sofer, Baghdad-Jerusalem, 1870-1939), and this was the practice of Hacham Ovadia Yosef. Nevertheless, if one prefers reciting Birkot Ha'shahar in the synagogue, figuring that at home it would be more difficult to recite the Berachot with proper concentration, then he may certainly do so. However, as mentioned, he must recite the Beracha of "Al Netilat Yadayim" right after he washes his hands soon after waking up, and he must recite "Asher Yasar" immediately after using the restroom. Additionally, as it is preferable to recite "Elokai Neshama" immediately after the recitation of "Asher Yasar," this blessing, too, should be recited at home. It turns out, then, that even if one prefers reciting Birkot Ha'shahar in the synagogue, he will nevertheless recite the Berachot of "Al Netilat Yadayim," "Asher Yasar" and "Elokai Neshama" at home. As such, there might be a practical advantage to reciting all the Birkot Ha'shahar at home, because dividing them – reciting some at home and some in the synagogue – could cause confusion. Since several Berachot must be recited at home, it is preferably to recite the blessings all together, as otherwise one might be uncertain when he arrives at the synagogue about which Berachot he already recited and which he did not. The Shulhan Aruch rules that if a person attends an Ashkenazic synagogue, where the Hazan recites the morning Berachot aloud, and he hears and answers "Amen" to the Berachot, he may nevertheless then recite the Berachot himself, if he had not recited them previously. He is not considered to have fulfilled his obligation by listening to the Hazan's recitation. The reason is that a person does not fulfill his obligation by hearing another person's Beracha unless they both have in mind that the recitation should fulfill the listener's requirement. Meaning, both the person reciting the Beracha and the person listening to the Beracha must have this in mind, and if not, then the listener does not satisfy his obligation. (Some explain on this basis the custom to exclaim "Shamayim" before someone recites a Beracha on behalf of others, as this word is an acrostic representing the phrase "Shome'a Mashmia Yahdav Mechavnim" – the listener and the one reciting must together have intention for the Beracha to fulfill the listener's obligation.) Clearly, when the Hazan recites the morning blessings in the synagogue, he has no intention at all for those listening to fulfill their obligation, and the congregation similarly does not have this intention. Therefore, the listeners can – and should – recite Birkot Ha'shahar afterward if they hadn't already. This is similar to the common practice for the Rabbi to count the Omer aloud, with the Beracha, before the congregation counts, in order that everyone hears which day to count. Here, too, neither the Rabbi nor the congregation intends for his Beracha to fulfill their obligation, and so the congregation recites the Beracha themselves afterward. (By contrast, when Hallel is recited in the synagogue, the Hazan and the congregation should have in mind that his Beracha over the Hallel should fulfill their obligation, and the congregation should then proceed right to Hallel without reciting the Beracha.) If a person does not remember whether he recited one of the morning blessings, we apply the famous rule of "Safek Berachot Le'hakel" – that a Beracha is not recited in cases of uncertainty – and he does not recite the Beracha. Preferably, he should find somebody who has yet to recite the morning Berachot and listen to that person's recitation of the Beracha or Berachot about which he is uncertain, and answer "Amen," with the intention to fulfill his obligation if this is necessary. The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) writes that a person in this situation who cannot hear the Beracha recited by someone else should recite the Beracha while omitting the words "Ata Hashem Elokenu Melech Ha'olam," and think these words in his mind, without saying them. Fascinatingly, the Ben Ish Hai discusses this Halacha by envisioning the scenario of a person who had woken up in the middle of the night for Tikkun Hasot (the prayer recited by some at halachic midnight), and, because of his fatigue, is unsure whether or not he recited all the Birkot Ha'shahar afterward. It seems that the Ben Ish Hai could not countenance a situation where somebody slept normally and, due to his mindlessness, doesn't remember whether he recited all the morning blessings. It was clear to the Ben Ish Hai that people are focused when reciting Berachot in the beginning of the day, and thus the only possible case he could imagine of a Safek (doubt) was a person who arose for Tikkun Hasot… Different opinions exist as to the final point in the day by which one must recite Birkot Ha'shahar. The Derech Ha'haim (Rav Yaakob Lorberbaum of Lissa, 1760-1832) rules stringently on this matter, and maintains that one may recite the morning blessings only until the end of the fourth hour of the day – the final time by which one should recite the Amida prayer. A different opinion is taken by Rav Shlomo Kluger (1785-1869), who maintained that these Berachot may be recited until Hasot (halachic midday). However, Hacham Ovadia Yosef, in Yehaveh Da'at, cites a large number of Poskim who ruled that Birkot Ha'shahar may be recited the entire day, until sundown. According to this view, even if somebody is unwell and got out of bed in the afternoon, he can and should still recite Birkot Ha'shahar. These Poskim include the Zera Emet (Rav Yishmael of Modena, Italy, 1723-1811), the Ma'amar Mordechi (Rav Mordechai Karmi, 1749-1825), the Ben Ish Hai (in Rav Pe'alim), and the Erech Ha'shulhan (Rav Yishak Tayeb, Tunis, 1786-1830). In light of these different opinions, the Kaf Ha'haim writes that we should follow the rule of "Safek Berachot Le'hakel," and thus if a person, for whatever reason, did not recite Birkot Ha'shahar until after the fourth hour of the day, he should not recite the blessings. Hacham Ovadia Yosef, however, disagrees, noting that the vast majority of Poskim allows reciting the Berachot the entire day. Those who rule otherwise are a very small minority, such that their dissenting view is not sufficient to create a situation of Safek. Hacham Ovadia also draws our attention to the practice followed by the Vilna Gaon (Rabbi Eliyahu of Vilna, 1720-1797) to recite one of the morning blessings – "She'asa Li Kol Sorki" – on the night after Yom Kippur. This Beracha is recited to express gratitude over the ability to wear shoes, and so the Gaon felt that it should not be recited on Yom Kippur, when we do not wear normal shoes. On Mosa'eh Yom Kippur, however, when he put on his shoes, the Gaon recited the Beracha. According to the Gaon, then, Birkot Ha'shahar could be recited even past sundown, in the evening. Although we do not follow this opinion, it is another indication of the large consensus allowing the recitation of Birkot Ha'shahar throughout the day. Therefore, Hacham Ovadia writes, one who did not recite Birkot Ha'shahar in the morning can do so throughout the day, until sunset. Birkot Ha'shahar may be recited as early as Hasot (halachic midnight), but only if the person had gone to sleep before midnight and then woke up without intending to go back to sleep (such as those who wake up for Tikun Hasot). If a person goes to sleep after Hasot, he may not recite Birkot Ha'shahar before going to sleep. Likewise, a person who woke up after Hasot but plans to go back to sleep should not recite Birkot Ha'shahar at that point. Somebody who remains awake throughout the night should not recite Birkot Ha'shahar until daybreak (Alot Ha'shahar).

The Beracha of "Elokai Neshama" which we recite each morning is unique in that it does not begin with the word "Baruch." Normally, all Berachot begin with "Baruch," except in the case of a "Beracha Ha'semucha La'haveratah" – a Beracha that is instituted to be recited immediately after another Beracha. In the Amida, for example, the first Beracha begins with "Baruch," but all the subsequent Berachot do not, because they are recited immediately after the first Beracha and are thus "covered" by the "Baruch" at the beginning of the first Beracha. Seemingly, then, the Beracha of "Elokai Neshama," which is not part of a series of Berachot, should begin with the word "Baruch." There were some opinions who explained that this Beracha does not begin with "Baruch" because it is supposed to be recited immediately after the recitation of "Asher Yasar" in the morning. The "Baruch" at the beginning of "Asher Yasar" suffices also for "Elokai Neshama," and thus the introductory word "Baruch" is not required at the beginning of this Beracha. According to this view, one must ensure to recite "Elokai Neshama" immediately after "Asher Yasar" each morning, as "Elokai Neshama" was instituted to be recited after "Asher Yasar." However, Hacham Ovadia writes in his work Halichot Olam that this view is not accepted as Halacha. The reason why "Elokai Neshama" does not begin with the word "Baruch" is that a Birkat Hoda'a – a blessing which expresses thanks to the Almighty – differs from other Berachot in that it does not need to begin with the word "Baruch." As such, one is not required to recite "Elokai Neshama" immediately after "Asher Yasar." Nevertheless, the Poskim write that since in any event we must recite both these Berachot each morning, it is preferable to recite "Elokai Neshama" immediately after "Asher Yasar" in order to satisfy all opinions. Summary: Strictly speaking, one is not required to recite the Beracha of "Elokai Neshama" in the morning immediately after "Asher Yasar." However, as some Poskim maintained that this sequence should be followed, it is preferable to do so, since in any event they must both be recited each morning.

Upon waking in the morning, one is required to wash his hands, and recite the Beracha of "Al Netilat Yaadayim" before drying them. According to Sephardic practice, one who has remained awake throughout the night washes his hands in the morning without reciting the Beracha. The custom among Ashkenazim is that one who remained awake through the night recites the Beracha when washing his hands in the morning after using the restroom. Anytime one performs his bodily functions, he must recite a special Beracha – "Asher Yasar" – after leaving the restroom. This blessing was established by the Ansheh Kenesset Ha'gedola – Men of the Great Assembly, a group of scholars and prophets formed at the beginning of the Second Commonwealth – and it is an especially significant Beracha. Rabbi Yehuda Ha'levi (Spain, 1079-1141), in his Sefer Ha'kuzari (3:11), says about this blessing, "How great this blessing is, in terms of its content, and how perfectly formulated are its words for one who sees them with an eye for the truth." This Beracha consists of 45 words, alluding to one of the Names of G-d, which in Gematria equals 45. This Name is formed by spelling out the Names of the four letters that comprise the Name of "Havaya" (Yod, Heh, Vav and Heh) – Yod, Vav, Dalet, Heh, Alef, Vav, Alef, Vav, Heh and Alef – which together equal 45 (10+6+4+5+1+6+1+6+5+1). Once, after I left the restroom in a restaurant, a fellow saw me reciting this Beracha, and he cynically remarked, "So, Rabbi, G-d is even in the bathroom?" I told him that because of his sarcastic comment, I thought of an answer to a question that I had all my life. In the Beracha of "Asher Yasar," we say that if one of the body's passageways that carry the waste material would burst open, or would be obstructed, for even a brief moment, we would be unable to survive. I always wondered why we need to get so detailed, and mention the miracle of the body's passageways that are constantly functioning properly so that the waste is safely and effectively discharged from the body. I then realized that we need to mention this because of people like this fellow, who are skeptical about Hashem and His Providence over the universe. Indeed, as great as Hashem is, He is even in the restroom. He oversees each and every action, everything that happens – including the expelling of waste material from the body. This Beracha underscores for us not only Hashem's power and greatness, but also His unparalleled humility – that He even accompanies us to the restroom, assuring that our bodies are functioning properly. This is how much He loves us. Years ago, people had the custom just before entering the restroom to recite a brief text. A person would respectfully ask the angels who were with him to wait outside the restroom while he performs his bodily functions. The angels do not enter the restroom with us – but Hashem most certainly does. He loves us so much that He even foregoes His honor in order to accompany us everywhere, even the restroom, to care for us and make sure our bodies function the way they should so we are healthy and strong. When we recite this precious Beracha, we should take a moment to consider Hashem's special love for us, how He watches over us and cares for us at all times, throughout our lives – even when we are involved in performing our bodily functions.

Is it permissible to remove makeup on Shabbat? How can a woman handle makeup when she needs to immerse on Shabbat? Transcript and sources: https://www.deracheha.org/cosmetics-on-shabbat-4-makeup-removal-and-mikveh/ To sponsor an episode of Kol Deracheha email us at deracheha@gmail.com   

The Berachot we recite each day can easily become a rote exercise, a text that we recite mindlessly, mechanically, to discharge our duty, without concentration and without emotion. The Misvot and Berachot that are required on rare occasions generally tend to generate a great deal of excitement, whereas those which apply each day receive far less attention and don't arouse much enthusiasm, because they are part of our regular routine. But the truth is that the daily Berachot are especially important – and it is specifically because of their unique importance that they are required each and every day. There is a Halachic principle of "Tadir Ve'she'eno Tadir, Tadir Kodem" – Misvot which apply more frequently are to precede Misvot which are observed less frequently. This shows us that the more frequent Misvot are generally more important, and thus deserve greater attention, not less. Birkot Ha'shahar, the blessings we recite each morning, pose a particularly difficult challenge by virtue of the fact that they are recited not only each day, but also early in the morning, before we are fully awake. Many people, unfortunately, fail to give these Berachot the focus and emotion that ought to accompany their recitation, and do not say them with Kavana (concentration). Rav Eliezer Papo (1785-1828), in his work Hesed La'alafim, discusses the importance of the morning blessings and why is it especially important to recite them with proper Kavana (concentration). He implores us to pause before we begin reciting these Berachot, and to contemplate the fact that Hashem, who is infinitely great and powerful, has chosen us lowly human beings, and has given us the permission to come before Him, to give Him praise, and to serve Him. We must never take for granted the extraordinary privilege we have to serve Him. Out of the billions of people in the world, Hashem chose us and invited us to be His servants. We must appreciate how blessed we are to have the ability to serve the Creator of the universe. Before we begin reciting the morning Berachot, Rav Papo writes, it is worth taking a moment to reflect on this privilege we have been given. He also writes that before we begin reciting the Berachot, we should resolve in our minds that we will recite them slowly, and enunciate each letter properly, as though we were speaking to a king. We should recite the words with both fear and love, patiently and thoughtfully. This is especially important when reciting the Birkot Ha'shahar, Rav Papo writes, because this recitation sets the tone for the rest of the day. If we recite the first Berachot of the day with feeling and concentration, then this will impact all the other Berachot and prayers that we recite throughout the rest of the day. It is important to "get on the Kavana train" right from the outset, to set the momentum for the day. Rav Papo here urges us to use a Siddur when reciting the daily Berachot, even if we already know them by heart. One of the most effective strategies for Kavana is to pray from a Siddur. Some find an allusion to this concept in the verse in Megilat Ester (9:28), "Amar Im Ha'sefer Yashub Mahashabto Ha'ra'a," which may be read to mean that the way to eliminate distracting thoughts ("Yashub Mahashabto Ha'ra'a") is to read "Im Ha'sefer" – with the book, meaning, from a Siddur. When we look at the words as we recite them, we are far less likely to be distracted, and have a better chance of praying with Kavana. Rav Papo also recommends writing for oneself a note with the concepts discussed in this passage – the gratitude we must feel for the privilege of serving Hashem, the importance of setting the momentum for the entire day etc. – and placing this note inside one's Siddur. This way, as soon as a person picks up his Siddur to begin reciting the Berachot, he will be reminded of these concepts, and this will enhance his Kavana. Not infrequently, we find ourselves wondering whether or not we forgot to recite Birkot Ha'shahar. Never are we uncertain whether or not we ate breakfast, but we sometimes cannot remember whether or not we recited the morning blessings. This shows us that, unfortunately, we do not value these Berachot to the extent that we should. Let us try to be mindful of the great importance of these daily Berachot, and to concentrate as best we can each time we recite them.

I Want Hashem in my Life

We are to begin our day, each day of our lives, by expressing our gratitude to Hashem for all the blessings He has granted us. Immediately upon awakening, we recite "Modeh Ani," thanking Hashem for restoring our souls, and we are then required to recite a series of Berachot known as "Birkot Ha'shahar" – the morning blessings. These Berachot thank Hashem for our ability to open our eyes to see, the ability to get out of bed and walk, and other basic functions of the body. They also thank Hashem for spiritual blessings, such as His having chosen us and given us the Torah. As parents, we know how much it means when a child expresses gratitude. The more our children acknowledge what we do for them and thank us, the more we want to do for them. But when children act ungratefully, and do not thank their parents, the parents will be less inclined to give them what they want. We are Hashem's children, and we owe Him an enormous debt of gratitude for the countless blessings He gives us each day, starting with life itself. The more we thank Him for the blessings we have received, the more He will continue blessing us. We therefore thank Hashem each morning for some of the precious gifts that He has given us. Rav Natrunai Gaon (9 th century, Babylonia) traces the origins of the Birkot Ha'shahar to the obligation to recite one hundred Berachot each day. This obligation was taught as a "Halacha Le'Moshe Mi'Sinai" – a law that Moshe heard at Mount Sinai and has since been transmitted orally from one generation to the next. In ancient times, there were no fixed Berachot, and everyone was expected to recite Berachot on his own, until reaching a total of one hundred each day. However, without a fixed text of Berachot, and without specific Berachot required at certain times and on certain occasions, people became lax, and failed to recite the obligatory one hundred Berachot. In fact, the Midrash relates that when a devastating plague ravaged the Jewish Nation during the time of King David, killing one hundred people a day, King David determined that this was caused by the people's failure to fulfill this obligation of reciting one hundred Berachot every day. He therefore issued an edict to ensure that people recite the required number of Berachot, and the plague suddenly stopped. Still, this obligation was not always fulfilled. Therefore, the Ansheh Kenesset Ha'gedola (Men of the Great Assembly), a group of scholars and prophets that was formed at the beginning of the Second Commonwealth, established fixed Berachot that we are required to recite every day, thus ensuring that we recite one hundred blessings over the course of the day. Included in these Berachot are the eighteen Birkot Ha'shahar that we must recite each morning. Indeed, the Shulhan Aruch discusses the Birkot Ha'shahar in the same Siman (chapter) in which he mentions the obligation to recite one hundred Berachot each day – indicating that, as Rav Natrunai Gaon explained, the Birkot Ha'shahar are related to this obligation. They were instituted to help ensure that a person recites the required amount of Berachot every day. As mentioned earlier, underlying the requirement of Birkot Ha'shahar is our debt of gratitude to Hashem. Not surprisingly, we find a close connection between the obligation to recite one hundred Berachot each day and the concept of gratitude. First, the 100 th chapter of Tehillim is the chapter "Mizmor Le'toda" – the song which was sung to express gratitude to Hashem, thus establishing an association between the number 100 and gratitude. And, the first two letters of the word "Modim" ("We thank") are Mem and Vav, which together in Gematria equal 46 – the Siman in the Shulhan Aruch that speaks of the obligation of one hundred Berachot. We might wonder, why is it necessary to recite these Berachot each and every day? Why does it not suffice for us to occasionally praise and thank Hashem for all He gives us and does for us? An important answer to this question is offered by the Rashba (Rav Shlomo Ben Aderet, Barcelona, Spain, 1235-1310). He writes that every morning, we must see ourselves as born anew. As the verse says (Echa 3:23), "Hadashim La'bekarim, Rabba Emunatecha" – G-d performs great kindnesses for us each and every morning by restoring our consciousness, by giving us a new day, showing us His trust in our capacity to achieve and accomplish. Yesterday's blessings do not suffice today, because today we have been created anew, and so we must express gratitude to G-d anew. The Berachot that comprise Birkot Ha'shahar thank Hashem for many things – such as our vision, our ability to stand up straight and walk, our clothing, our having been chosen by Hashem – but does not appear to be exhaustive. Rav Haim Palachi (Turkey, 1788-1868) raised the question of why the Sages did not institute a Beracha thanking Hashem for the ability to speak. It goes without saying that the faculty of speech is one of the human being's most important capabilities. In fact, the Torah says that when G-d created Adam, He infused within Him "Nishmat Haim" – "a living soul" (Bereshit 2:7), and Targum Onkelos translates this expression to mean "Ru'ah Memalela" – "a spirit that speaks." The power of speech can be said to be our defining characteristic, the quality that distinguishes the human being from other creatures in the animal kingdom. Why, then, do we not have a special blessing thanking Hashem for this most precious gift? An answer to this question appears in the work Petah Ha'debir by Rav Binyamin Pontremoli (Turkey, d. 1784). He notes the aforementioned verse, and Onkelos' translation, which teaches us that the faculty of speech is a function of the Neshama, the human soul. Now the Sages instituted as one of the Birkot Ha'shahar a special Beracha thanking Hashem for the soul which He has given us – the blessing of "Elokai Neshama." Hence, as the ability to speak stems from the Neshama, this Beracha which thanks Hashem for giving us our soul also thanks Hashem for the power of speech. (It would thus seem that if parents have a child who, G-d forbid, is not developing the ability to speak, or struggles with speech issues, they should have special intention when reciting the Beracha of "Elokai Neshama," and have in mind the child's soul through which they wish that he develop the faculty of speech.) Moreover, Rav David Abudarham (Spain, 14 th century), in explaining the Beracha of "Elokai Neshama," cites the verse in Tehillim (115:17), "Lo Ha'metim Yehalelu Y-ah" – "It is not the dead that will praise G-d." Once a person's soul is taken, he is no longer able to express Hashem's praises. Rav Abudarham notes the implication of this verse that the primary purpose of speech is to praise G-d. (This is indicated in the text of "Elokai Neshama," in which we say, "As long as the soul is within me, I give thanks before You…") Accordingly, it stands to reason that when we recite "Elokai Neshama" and give thanks to Hashem for giving us a soul, this includes an expression of gratitude for our ability to speak. A second answer to this question was offered by Rav Shmuel Alexander Unsdorfer (1920-2002), who explained that we express gratitude for the faculty of speech by reciting Birkat Ha'Torah – the blessing over Torah learning. The Misva of learning Torah includes the obligation to speak words of Torah and to transmit them to others, and so when we thank Hashem for this precious Misva, we automatically thank Him also for the gift of speech. A different question was asked regarding the omission of the faculty of hearing from the Birkot Ha'shahar. Clearly, our hearing is exceedingly important. In fact, if somebody injured another person and caused him to lose his hearing, he must pay compensation for the damages. Why, then, is this capability not included in our morning blessings? One answer given is that the ability to hear is included in the Beracha of "Ha'noten La'sechvi Bina Le'havhin Ben Yom U'ben Layla" – thanking Hashem for granting the rooster the knowledge to crow in the morning, thus waking people up. Of course, the rooster's crow is effective in waking people only because of the ability to hear, and so this Beracha implicitly expresses gratitude for the sense of hearing. Another answer is that the morning blessings thank Hashem only for those abilities which we lost, as it were, during the night when we slept, and were restored in the morning. Thus, for example, we thank Hashem for restoring our vision after our eyes were closed throughout the night, and for allowing us to get out of bed, stand upright and walk, after we spent the night lying down. Our sense of hearing, however, is unaffected by sleep; we can still hear while sleeping, and so this capability is not included in Birkot Ha'shahar. (Interestingly, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in his work Mi'kavse'el, cites a Rabbi who wanted to apply this theory to explain why we do not recite a Beracha over the ability to speak. This Rabbi noted that some people talk in their sleep, and so this capability is not technically "lost" at night, such that we should give thanks for it when we wake up in the morning. The Ben Ish Hai dismissed this answer, noting that some people sleepwalk, and yet we still recite each morning the Beracha of "Ha'mechin Mis'adeh Gaber," thanking Hashem for the ability to walk. One might, however, distinguish between talking in one's sleep and sleepwalking, as a person who sleepwalks is not actually sleeping as he walks, whereas those who talk in their sleep really are still asleep and have not woken up to talk.) The Sefer Hasidim (Rabbenu Yehuda Ha'hasid, Germany, 1150-1217) writes that he once met an exceptionally pious individual who recited additional blessings each morning, thanking Hashem for each and every part of the body, and the Sefer Hasidim expressed great admiration for this practice. He noted the verse in Tehillim (84:3), "Libi U'bsari Yeranenu El Kel Hai" – "My heart and my flesh shall sing praise to the living G-d" – implying that each and every part of the body which functions properly is a sufficient reason to give praise to Hashem. A different verse in Tehillim (35:10) states, "Kol Asmotai Tomarna, Hashem Mi Kamocha" – "All my bones shall declare: G-d, who is like you?" Indeed, it is worthwhile to express our gratitude to the Almighty for each and every limb and organ in the body. The Hida (Rav Haim Yosef David Azulai, 1724-1806), in his commentary to Sefer Hasidim, asserts that this righteous man could not have actually recited additional Berachot, for a Beracha that was not instituted by the Sages constitutes a Beracha Le'batala – a Beracha recited in vain, which is forbidden. Undoubtedly, this man expressed his gratitude to Hashem for all his working body parts without reciting formal Berachot. By contrast, Rav Meir Mazuz (1945-2025) suggested that this righteous man followed the opinion that one is permitted to create his own Beracha to give praise to Hashem. In any event, the truth is that we do not need additional Berachot – formal or informal – to express our gratitude to Hashem for everything in our body that works properly. The Tur (Rabbenu Yaakov Ben Asher, Spain, 1270-1340) notes that in the Beracha of "Asher Yasar," which one recites after using the restroom, we say that Hashem created "Halulim Halulim" (hollow spaces in the body). The Gematria of the word "Halulim," the Tur observes, is 124, and we recite this word twice, for a total of 248 – the number of limbs and organs in a person's body. This expression, then, alludes to all our body parts. Thus, when we recite "Asher Yasar," we give thanks to Hashem not only for the wondrous ability to eliminate the waste from our body, but also for each and every body part. The Rishonim (Medieval scholars) debate the question of whether a person recites a Beracha that is not applicable to him, because he unfortunately does not have the ability for which that Beracha gives thanks. For example, does a blind person recite the Beracha of "Poke'ah Ivrim," in which we thank Hashem for the gift of vision? The Rambam (Hilchot Tefila 7:7-8) writes explicitly that a person recites each of these Berachot only after performing the action referred to by that Beracha. For example, after standing upright, one recites the Beracha of "Zokef Kefufim" ("Who makes the bent upright"), and after getting dressed, one recites the Beracha of "Malbish Arumim" ("Who clothes the naked"). The Rambam writes that if, for whatever reason, a person did not experience that which a given Beracha speaks of, then he does not recite that Beracha. In the Rambam's opinion, the Birkot Ha'shahar resemble the Berachot recited over food, which one recites only when eating. By the same token, one recites each of the morning blessings only after receiving the benefit for which each blessing gives praise. The Shulhan Aruch follows this opinion. By contrast, the Kolbo (anonymous work from the period of the Rishonim), citing several of the Geonim, writes that every person recites all the Birkot Ha'shahar, regardless of whether or not he personally experiences these phenomena. According to this opinion, the morning blessings express gratitude not for one's personal experience, but rather for the general phenomena mentioned by these Berachot. Even if one is not, Heaven forbid, able to see, for example, he still recites the Beracha of "Poke'ah Ivrim" to praise Hashem for the phenomenon of vision. Common practice follows this view of the Kolbo. One of the interesting questions asked regarding the Birkot Ha'shahar relates to the Halachic principle that applies in situations of a "Beracha Semucha La'haveratah" – a Beracha which is recited immediately following another Beracha. Normally, when a Beracha is recited right after another Beracha, it does not begin with the word "Baruch." Thus, for example, the text of Birkat Ha'mazon consists of four Berachot recited in immediate succession of one another, and thus only the first Beracha begins with "Baruch." The three subsequent Berachot are covered, so-to-speak, by the "Baruch" which begins the first Beracha, and so they do not require the introductory word "Baruch." In the Amida prayer, too, only the first Beracha begins with the word "Baruch," whereas all the subsequent Berachot do not, because they are recited immediately after the first Beracha. When it comes to Birkot Ha'shahar, however, the blessings all begin with the word "Baruch," despite the fact that they are recited as a series of Berachot, one right after the other. Tosafot in Masechet Berachot (46) offer two answers. First, they explain, unlike the blessings of Birkat Ha'mazon and the Amida, the blessings of Birkot Ha'shahar were not instituted as a series of Berachot. The Sages did not require reciting them together in a particular sequence. As we saw, the Rambam maintained that one recites each Beracha as he experiences the phenomenon referred to by each Beracha, and the Rambam writes explicitly that there is no set order for these Berachot. The rule of "Beracha Semucha La'haveratah," Tosafot write, applies only to a series of Berachot which were instituted to be recited together in a particular order, and so it does not apply to Birkot Ha'shahar. Secondly, Tosafot suggest, this rule applies only to relatively lengthy Berachot, such as the Berachot of Birkat Ha'mazon and the Amida. The Birkot Ha'shahar, however, are very brief, and thus they require the introduction of "Baruch Ata Hashem." A person should not unnecessarily get involved in other matters before reciting the Birkot Ha'shahar. Ideally, the Hesed La'alafim (Rav Eliezer Papo, 1785-1827) writes, the first words that come out of a person's mouth in the morning should be words of praise and gratitude to Hashem. One should not write text messages, make phone calls and the like before reciting the morning blessings. The Kaf Ha'haim (Rav Yaakov Haim Sofer, Baghdad-Jerusalem, 1870-1939) warns that according to the Kabbalah, unnecessarily delaying the recitation of Birkot Ha'shahar has the effect of allowing the Kelipot (negative spiritual energies) access to the person's soul, which can cause great harm. One should not be doing anything else while reciting a Beracha. This applies not only to Birkot Ha'shahar, but to all blessings that we recite. The Ben Ish Hai writes that "Lo Tiheyeh Ka'zot Be'Yisrael" – it should never happen that a Jew recites a Beracha while being involved in some other activity. And the Ben Ish Hai laments the fact that many people make this mistake. One common example is Netilat Yadayim – many people mistakenly recite the Beracha while drying their hands. One must ensure not to begin reciting the Beracha of "Al Netilat Yadayim" until after he finished drying his hands. Another common mistake is people reciting Birkot Ha'shahar while rushing to get to shul. This is improper. One should recite a Beracha while standing in place and doing nothing else, focusing his attention fully on the Beracha. The Taz (Rav David Ha'levi Segal, Poland, 1586-1667) writes that one who recites a Beracha while performing other activities is included in the Torah's harsh warnings against serving Hashem "Be'keri" – in a casual, haphazard manner, without focus and attentiveness. Rav Chaim Brim (1922-2002) tells that he once went to visit Rav Moshe Yehoshua Landau in the middle of the night. Rav Landau was in the restroom when he arrived, and so he waited. When Rav Landau came out, he recited the Beracha of "Asher Yasar" without realizing that he was being watched. Rav Brim said that at 2am, without realizing that anyone was around, Rav Landau recited "Asher Yasar" with greater concentration and emotion than most people have while reciting Ne'ila in the synagogue on Yom Kippur. We start our day by thanking Hashem for all the great blessings He has granted us. I had the occasion during my trips to Israel to visit Israeli soldiers who, unfortunately, sustained injuries that necessitated the amputation of limbs. They do not have the ability that the rest of having to easily get out of bed and move about. We need to appreciate these great blessings that Hashem gives us anew each morning, and try, as much as possible, to recite the Berachot with thought and concentration, truly appreciating all that Hashem does for us.

What are the minimum requirements of Tznius when it comes to women's dress? Are the reactions by girls/women when taught Hilchos Tznius any different than for Hilchos Shabbos and the like? What specific things are more difficult for certain women to be responsive to? How should Hilchos Tznius be taught so that it will be accepted? Can up to a Tefach be shown? Long skirts worn? Denim clothing? Slits in skirts? Should shul Rabbanim speak up against the lack of modest dress and prohibited interactions between the genders? Host: Ari Wasserman, author of the newly published, revised and expanded book Making it Work, on workplace challenges and Halachic Q & A on the Job with Rabbi Dovid Ostroff – posek and teacher at many seminaries in Yerushalayim – 14:11 with Mrs. Chani Juravel, LCSW – popular lecturer and therapist – 37:08 with Rabbi Anthony Manning – Jewish educator, author and speaker – 1:04:56 with Rabbi Larry Rothwachs – Rabbi at Congregation Beth Aaron in Teaneck, NJ – 1:43:24 Conclusions and takeaways – 2:18:17 מראי מקומות   

In this episode Rabbi Shalom Rosner discusses the Halachot of Medicine on Shabbat. Follow along using Tzurba Volume 21Tzurba is a revolutionary Halacha sefer guiding the learner through the Halachic process from the Talmudic source through modern day halachic application. Each volume contains clear and concise color-coded sections with a modern English translation alongside the original Hebrew text.The Tzurba Hilchot Shabbat Program is a 2 year cycle in which one can master all of Hilchot Shabbat by learning weekly with Tzurba's signature seforim and style.Tzurba seforim are all available on Amazon worldwide (for those in Israel you can purchase on our website)Have a question for Rabbi Rosner? Want to sponsor a shiur? Contact us at neil@tzurbaolami.com or WhatsAppFollow us on social media for more content:WhatsAppInstagramTwitterYouTubeLearn more about The Lax Family Tzurba M'Rabanan Series

It is forbidden to sew brand new garments during the Nine Days, starting from Rosh Hodesh Ab. Repairing garments, however, such as mending tears, sewing a patch or sewing a button that had fallen, is allowed. One should not purchase new garments or new shoes during the Nine Days. Before the Nine Days, starting from Shiba Asar Be'Tammuz, it is customary not to wear new garments, as we do not recite the Beracha of "She'hehiyanu" during this somber period, but one may purchase new garments to wear them after Tisha B'Ab. Starting from Rosh Hodesh Ab, however, one should not purchase new garments even if he does not intend to wear them until after Tisha B'Ab. This Halacha applies only to significant articles of clothing. Items such as hosiery, socks and undergarments, the purchase of which does not bring special joy, may be bought during the Nine Days. The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) writes that if a garment becomes available at a bargain price during the Nine Days, and the item will be more expensive after Tisha B'Ab, then one may purchase it during the Nine Days. Hacham Bension Abba Shaul (Israel, 1924-1998) ruled that if one's shoes were torn during the Nine Days, he may purchase a new pair. If a person realized before Tisha B'Ab that he does not have footwear for Tisha B'Ab – meaning, shoes or slippers that don't contain leather – then he may buy a pair of shoes to wear on Tisha B'Ab. He may wear them for the first time on Tisha B'Ab, because he wears them for the purpose of mourning, and this does not bring him special joy. If he has other shoes that are permissible for Tisha B'Ab, then he should preferably wear that other pair rather than purchase a new pair. But if he would otherwise need to go barefoot, he may certainly purchase a new pair of shoes. Regardless, Rav Yaakob Haim Sofer (Baghdad-Jerusalem, 1870-1939) writes in Kaf Ha'haim (551:96) that already before Rosh Hodesh Ab, one should make sure that he has suitable shoes for Tisha B'Ab. If somebody makes clothing for a living, he may continue working until the onset of the week of Tisha B'Ab, at which point he must refrain. However, if a tailor is very poor and needs to continue working so he can afford his basic necessities, then he may continue working even during the week of Tisha B'Ab, and, if necessary, even on Tisha B'Ab itself. If somebody owns a factory that manufactures clothing, and he would incur a loss by shutting the factory down during the Nine Days, as he would still be required to pay his employees, he may keep the business running. Even on Tisha B'Ab itself, a person is permitted to work when this is necessary to avoid a substantial financial loss, and so certainly during the Nine Days, one may continue manufacturing new clothing when a considerable loss is at stake. Generally, it is forbidden to knit or embroider during the Nine Days. However, if a woman is learning to knit in order to pursue knitting as a profession and earn a livelihood, then she may knit as part of her training during the Nine Days. Hacham Ovadia Yosef explained that teaching young women skills that they can use to earn a living and support their families is an important Misva – especially if these skills allow them to work from home and thus avoid compromises in Seniut (modesty) that are sometimes made when working outside the home. Therefore, it is entirely permissible to teach these classes during the Nine Days. Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) was asked whether girls' summer camps that offer sewing and embroidery as activities may allow these activities to continue during the Nine Days. He replied that given the importance of attracting youngsters to summer programs run under religiously observant auspices, this may be allowed. If even a single knitting class is cancelled, Rav Shlomo Zalman said, it is possible that a girl or several girls will not want to join such a program, and will thus end up participating in programs that are not run in accordance with Halacha and Torah values. Therefore, the knitting activities can proceed as usual during the Nine Days. Women who knit for their emotional wellbeing, such as to keep themselves busy or as a way to effectively handle feelings of anxiety and the like, may knit during the Nine Days. Knitting for Misva purposes is allowed during the Nine Days. It is thus permissible to prepare threads for Sisit. Hacham Ovadia also ruled that if a pillow needs to be sewn to be used at a Berit Mila, this may be done during the Nine Days. Women who spin thread for a living may continue their work during the Nine Days. Producing threads does not bring joy like producing articles of clothing, and so this is permissible.

Although it is customary to refrain from eating meat during the Nine Days (from the 2 nd of Ab through Tisha B'Ab), Hacham Ovadia Yosef ruled that eating meat is allowed for health purposes. For example, if a physician advised a patient to eat meat for his health, or if a patient is recovering from illness or from a procedure and he wishes to eat meat to make him feel stronger, he may do so. In fact, Hacham Ovadia ruled that since meat during the Nine Days is forbidden by force of custom, and not according to the strict Halacha, there is room to allow anyone who feels a medical need to eat meat to do so. However, Hacham Ovadia cautioned that a healthy person who has no need for meat, but simply wants to eat some meat during the Nine Days, must not do so, and violating this custom without a valid reason constitutes a grievous sin. Additionally, if a patient's medical need can be met by eating fish, then this should be preferred. A pregnant woman who experiences a craving for meat may – and, in fact, must – be given meat, as failing to satisfy a craving for a particular food during pregnancy could endanger the fetus. A woman within thirty days after childbirth, and a woman who is nursing an infant, may eat meat in order to maintain her strength. Hacham Ovadia considered the possibility of allowing even a woman during menstruation to eat meat if she feels the need, as she might be weakened by the loss of blood, though he remained uncertain about this leniency. One who eats meat during the Nine Days for medical reasons does not require Hatarat Nedarim (annulment of vows) before eating meat. Normally, one who discontinues a custom must first perform Hatarat Nedarim, but in this case, since the custom allows eating meat for health purposes, the patient does not break the "vow" by eating meat. However, a patient with a chronic condition that will always require him to eat meat during the Nine Days, who thus needs to permanently discontinue the practice of refraining from meat, should perform Hatarat Nedarim. Is it permissible to feed meat to children during the Nine Days? When it comes to non-kosher food, there is a debate among the Rishonim as to whether one may feed children food that is forbidden Mi'de'rabbanan – by force of Rabbinic enactment. All agree that one may not feed a child food that the Torah itself forbids, but the Rashba (Rav Shlomo Ben Aderet of Barcelona, Spain, 1235-1310) maintained that foods proscribed by the Rabbis may be fed to children. According to the Rashba, it would certainly be permissible to feed children meat during the Nine Days, as meat is forbidden in this period only by force of custom. The Rambam, however, ruled that no forbidden food may be fed to children, even food which the Torah permits but the Sages prohibited. Accordingly, the Mishna Berura ruled that one may not feed meat even to very young children during the Nine Days. Hacham Ovadia Yosef, however, disagreed, arguing that meat is not forbidden at all during the Nine Days, and we refrain from meat only by force of custom. Moreover, the Magen Abraham (Rav Abraham Gombiner, Poland, 1635-1682) maintained that the custom to refrain from meat during the Nine Days from the outset did not include children. Another reason to permit feeding meat to children is that according to some opinions, this custom has the status of a vow, and children are allowed to eat food proscribed merely by force a vow. Additionally, a number of Poskim noted the frailty of children, particularly in modern times, such that denying meat to children who are accustomed to eating meat could adversely affect their health. And, it is permissible to feed children food whose permissibility is subject to a debate among the Poskim, and the practice to refrain from meat during the Nine Days is not universally accepted. For all these reasons, Hacham Ovadia maintained that children should not be denied meat during the Nine Days. The only exception he made was for a twelve-year-old boy, who, since he will soon become a bar-mitzvah, should be trained not to eat meat during this period. (It is worth noting that when it comes to fasting, Hacham Ovadia felt very strongly that children should not be allowed to fast, as they require food for their health. He ruled that children under the age of bar-mitzvah – even twelve-year-olds – should not fast, even on Yom Kippur, and that Rabbis should announce in the synagogue on Yom Kippur that parents should return home to make sure their children eat.) It is permissible during the Nine Days to eat meat and drink wine at a Se'udat Misva – meaning, a meal that constitutes a Misva. One who wishes to eat meat at a Se'udat Misva does not require Hatarat Nedarim, because the custom itself allows eating meat at such an event, and thus the "vow" is not being broken. One example is the meal celebrating a Berit Mila. All guests who were invited to participate in the meal may partake of meat and wine, but clearly a person who does not know the family cannot just show up at the meal in order to enjoy meat and wine. Although it is permissible to eat meat at a Berit, one may not take some meat home from the meal; eating meat is allowed only at the meal itself. The leftover meat should either be frozen or distributed to the needy. However, the infant's father, the Mohel and the Sandak are allowed to eat meat that entire day. For them, the day of the Berit is a Yom Tob, and so they may eat meat at any point during that day, even after the meal. Meat may be eaten at a Berit even in the case of a "Mila She'lo Bi'zmanah" – a Berit that was performed after the infant's eighth day because he was sick and unfit for circumcision on the eighth day. However, if the baby was deemed healthy enough for a Berit Mila before the Nine Days, the Berit may not be delayed until the Nine Days for the purpose of serving meat and wine, as it is forbidden to unnecessarily delay a Berit. And if the Berit was unnecessarily postponed until the Nine Days, meat and wine may not be eaten at the meal. Hacham Bension Abba Shaul (Israel, 1924-1998) ruled that if the Berit was cancelled at the last minute because the infant became sick and unfit for circumcision, the meat that was prepared for the Se'uda may be eaten, despite the fact that no Berit took place. He bases this ruling on the principle that if a person genuinely tried performing a Misva, but was unsuccessful due to circumstances beyond his control, he is nevertheless credited with the fulfillment of a Misva. Since he planned to perform the Misva and attempted to do so, he receives credit for a Misva despite the outcome. Hence, if the infant suddenly became unfit for Berit Mila, the parents are nevertheless considered to have fulfilled the Misva of giving him a Berit that day, and thus the meal qualifies as a Se'udat Misva, where meat and wine may be served. The customary Zohar recitation conducted on the night before a Berit does not qualify as a Se'udat Misva, and thus meat may not be eaten at this event. This is the ruling of Hacham Ovadia Yosef. The meal at a Pidyon Ha'ben is considered a Se'udat Misva, and thus meat is allowed. If a boy turns thirteen during the Nine Days, and a meal is held on his birthday to celebrate the occasion, then this meal qualifies as a Se'udat Misva, and meat may be served. However, if the meal is held on a different day, and not on his birthday, then meat may not be eaten at the meal. If the boy's birthday is Ereb Rosh Hodesh Ab, the meal should be postponed until after Tisha B'Ab. A Siyum celebration following the completion of the study of a Masechet (tractate of Gemara) constitutes a Se'udat Misva, and meat may be eaten at such an event. All those invited to participate in the meal may eat meat, even if they were not involved at all in the learning of the Masechet. If a Siyum is made in a meat restaurant, those who happen to be in the restaurant may listen to the Siyum and eat meat (though it would certainly be inappropriate to intentionally go around to meat restaurants in the hope of finding a Siyum). Hacham Ovadia Yosef ruled that it is permissible to specifically schedule the completion of a Masechet for the Nine Days, though one who finished a Masechet before the Nine Days may not intentionally leave the final line for the Nine Days for the purpose of eating meat. Although some people look askance at the widespread practice to arrange Siyum celebrations for the Nine Days in order to permit meat, many great Rabbis not only approved of this practice, but even encouraged it. Some explained that by celebrating Torah learning we actually make a significant contribution to the rebuilding of the Bet Ha'mikdash. And it is told that the Ba'al Shem Tob (founder of Hasidism, 1698-1760) specifically arranged his Torah learning such that he would make a Siyum during the Nine Days – not because he craved meat and wine, but rather because this weakened the power of the Satan. The Satan wields great strength during this time of year, and one way we overpower the Satan is by increasing our Torah learning and celebrating our learning accomplishments. In fact, the letters that spell Satan's name – Samech, Mem, Alef and Lamed – can be read as an acrostic representing the phrase "Siyum Masechet En La'asot" – "Do not make a Siyum of a Masechet," or "Se'udat Misva En La'asot" – "Do not make a Se'udat Misva." The Satan specifically does not want us to conduct Siyum celebrations, and so we are encouraged to do so during this period when the Satan's strength is at its height. Thus, as many great Sages encouraged making Siyum celebrations during the Nine Days – and especially in light of the fact that to begin with, meat and wine are forbidden during this period only by force of custom – one should not object to those who make Siyumim for the sake of permitting meat and wine. Hacham Ovadia writes that it is improper for several people to divide a Masechet between them, such that each studies only a small portion, for the sake of conducting a joint Siyum. The Jewish community of Izmir, Turkey, had the custom not to allow meat at a Siyum during the Nine Days, and to eat fish, instead. Hacham Ovadia ruled that members of that community who settled in Eretz Yisrael may adopt the lenient practice of eating meat at a Siyum. A mourner in the twelve-month period of mourning for a parent, Heaven forbid, may attend a Siyum celebration as long as no music is played. As music is not permitted at a Se'udat Misva during the Nine Days, a mourner is allowed to attend and partake of meat and wine.

Although it is customary to refrain from meat and wine during the Nine Days, this restriction applies only on weekdays. On Shabbat, one may eat as much meat and wine as he wishes, without any restrictions. One may partake of meat during Se'uda Shelishit even the meal extends after sundown. And when Tisha B'Ab falls on Shabbat, and the fast is thus postponed until Sunday, there are no restrictions regarding the foods allowed during the final meal before the fast on Shabbat afternoon. One may have as lavish a meal as he wants, including meat and wine. Whereas generally several restrictions apply to the final meal eaten before Tisha B'Ab, these restrictions do not apply when Tisha B'Ab begins on Mosa'eh Shabbat. The question arises as to whether one may taste on Ereb Shabbat during the Nine Days a meat dish that is being prepared for Shabbat. Generally, it is proper to taste the Shabbat foods before Shabbat to ensure that they are flavorful. Rav Haim Vital (1542-1620) writes that this is a very important Misva, for just as cooks preparing food for a king must taste the food before it is served, this must be done for the honor of Shabbat, as well. It has been explained that this is the deep meaning of the passage in the Musaf prayer recited on Shabbat, "To'ameha Haim Zachu" – "Those who taste it have earned life." Is this permissible on Ereb Shabbat during the Nine Days, when partaking of meat is forbidden? Hacham Ovadia ruled that this is allowed, for two reasons. Firstly, he notes the Shulhan Aruch's ruling in a different context that if one tastes a small morsel of food to check its flavor, he does not recite a Beracha. This shows that tasting food does not qualify as an act of Halachic eating, and thus tasting a meat dish is allowed during the Nine Days. Secondly, Hacham Ovadia writes, the great value and importance of tasting the Shabbat foods overrides the custom to refrain from meat during the Nine Days. Some poskim ruled that one who tastes the meat dish on Ereb Shabbat must then remove it from his mouth without swallowing, but Hacham Ovadia maintained that the food may be swallowed, because of the two reasons mentioned above. Rav Yisrael Bitan writes that in conversation with Hacham Ovadia, the Hacham made it clear that this leniency applies only after Hasot (Halachic midday) on Friday, and that one may taste only an amount less than a Rebi'it of the meat dish. If meat was prepared for Shabbat during the Nine Days, and some of the meat is left over after Shabbat, Hacham Ovadia permits eating the leftovers, particularly if one eats the leftovers for Se'uda Rebi'it (the meal eaten after Shabbat, also known as "Melaveh Malka"), and especially if one normally eats meat during the Se'uda Rebi'it. Although meat is forbidden on weekdays during the Nine Days, nevertheless, meat left over from Shabbat is allowed. One may not intentionally cook more than he deems necessary for Shabbat so that he will have leftover meat for after Shabbat, but if he cooked food for Shabbat and some meat is left over, it may be eaten after Shabbat. There are several reasons given for this leniency. The Hida (Rav Haim Yosef David Azulai, 1724-1806) bases this Halacha on the Gemara's discussion regarding meat that Beneh Yisrael brought with them into Eretz Yisrael from the desert. During the forty years Beneh Yisrael spent in the desert, Shehita (slaughtering) was not required; they were allowed to kill an animal through any means and then partake of its meat. Once they crossed into Eretz Yisrael, this became forbidden, as Shehita was then required for meat to be permitted. The Gemara writes that if some leftover meat which was produced without Shehita was brought into Eretz Yisrael, then "Ho'il Ve'ishteri Ishteri" – since it was permissible, it remained permissible, even though meat produced this way was no longer allowed. Similarly, the Hida writes, since meat prepared for Shabbat was allowed on Shabbat, it remains permissible even after Shabbat. Although there is some discussion as to whether we may indeed permit food on the basis of the concept of "Ho'il Ve'ishteri Ishteri," when it comes to meat during the Nine Days, which is forbidden only by force of custom, there is room for leniency. Others explain that since this food was prepared for the purpose of a Misva, it is considered special and there is a Misva to eat it. Yet another explanation is the concern of "Bal Tash'hit" (wasting), as the food would otherwise have to be discarded. In one of Hacham Ovadia's earlier works (Kol Sinai), he wrote that we should not object to those who rely on this leniency and eat during the Nine Days meat that was left over from Shabbat – implying that this is not the optimal practice. However, Rav Yisrael Bitan notes that in his later works Hacham Ovadia writes that this is indeed permissible, and thus one may eat leftover meat after Shabbat without any reservations. Summary: Although we refrain from meat and wine during the Nine Days, there are no restrictions on what one may eat on Shabbat during the Nine Days; one may enjoy as much meat and wine as he wishes on Shabbat during the Nine Days. Before Shabbat, it is permissible – and in fact proper – to taste the Shabbat foods to ensure they are flavorful, even the meat dishes, but this should be done after midday on Friday, and only very small amounts may be tasted. If there is leftover meat from Shabbat, it may be eaten after Shabbat, preferably as part of the Se'uda Rebi'it meal after Shabbat. However, one may not intentionally prepare more meat than is needed for Shabbat so that he will have leftovers.

The Mishna in Masechet Ta'anit (26b) states that one may not eat meat or drink wine during the final meal before Tisha B'Ab. This is the only restriction on the consumption of meat mentioned by the Mishna or Gemara. On the level of strict Halacha, one is permitted to eat meat during the days preceding Tisha B'Ab, and even on the day before Tisha B'Ab, except during the last meal before the fast. However, customs were accepted among many Jewish communities to abstain from meat already earlier. The Shulhan Aruch (Orah Haim 551:9) brings three customs. Some refrain from eating meat already from after Shabbat Hazon (the Shabbat immediately preceding Tisha B'Ab); others observe this restriction throughout the Nine Days; and others follow the practice not to eat meat throughout the entire three-week from Shiba Asar Be'Tammuz through Tisha B'Ab. The Shulhan Aruch writes that everyone should follow his community's custom. Of course, this prohibition applies only on weekdays. According to all customs, one may eat meat on Shabbat, even the Shabbat before Tisha B'Ab. These customs developed for two reasons: 1) as part of our obligation to reduce our joy during this period when we are to reflect upon the destruction of the Bet Ha'mikdash; 2) the destruction of the Bet Ha'mikdash resulted in the discontinuation of the offering of sacrifices, such that G-d no longer has meat, as it were, so we, too, should not enjoy meat. The Gemara (Baba Batra 60b) states that there were those who, after the destruction of the Bet Ha'mikdash, decided to abstain from meat and wine, since there were no longer animal sacrifices or wine libations offered to G-d. However, they were told that by this logic, they should also refrain from grain products, because flour offerings (Menahot) could no longer be offered, and even from water, because the water libations (Nisuch Ha'mayim) were no longer offered. Quite obviously, we cannot live this way, and so we are not required to abstain from those products which were offered in the Bet Ha'mikdash. Nevertheless, as part of our effort to focus our attention on the tragedy of the Hurban (destruction) in the period leading to Tisha B'Ab, the custom developed to refrain from meat. Notably, not all communities accepted these restrictions. The Maggid Mishneh (Rav Vidal of Tolosa, Spain, late 14 th century) writes that in his area, the custom was to permit meat except on Ereb Tisha B'Ab. The Meiri (Provence, 1249-1315) writes that there was a practice among the exceptionally pious to refrain from meat on Ereb Tisha B'Ab, but even they did not refrain from meat before that day. Regardless, the Shulhan Aruch emphasizes that people whose communities observe the custom to refrain from meat during this period must adhere to the custom. Those who violate this practice are included in King Shlomo's stern warning in Kohelet (10:8), "U'foretz Geder Yishechehu Nahash" – "He who breaches a fence, a snake shall bite him." Even if a restriction that applies on the level of custom, and not as strict Halacha, is binding and must be obeyed. Nevertheless, since refraining from meat is required only by force of custom, there is greater room for leniency than there is when dealing with strict Halachic prohibitions. Thus, it has become accepted to permit meat when a Siyum celebration is held, and one should not ridicule those who rely on this leniency. In fact, it is told that Rav Moshe Feinstein (1895-1986) would conduct a Siyum every night during the Nine Days in the place where he would spend his summers, so that the people could eat meat. Since the prohibition to begin with is observed by force of custom, and not on the level of strict Halacha, the leniency of a Siyum is perfectly legitimate. In practice, when should we begin abstaining from meat? The accepted custom in our Syrian community is to begin refraining from eating meat from the second day of Ab. Although different opinions exist regarding the consumption of meat on Rosh Hodesh Ab, our custom follows the view of the Hida (Rav Haim Yosef David Azulai, 1724-1806) permitting the consumption of meat on this day. This was also the custom in Baghdad, as mentioned by the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), and this is the generally accepted custom among Sepharadim. One who does not know his family's custom can follow this practice and begin refraining from meat on the second day of Ab. The Kaf Ha'haim (Rav Yaakov Haim Sofer, Baghdad-Jerusalem, 1870-1939) cites an earlier source (Seder Ha'yom) as ruling that Torah scholars should follow the stringent practice of abstaining from meat already from Shiba Asar Be'Tammuz. However, recent Poskim – including Hacham Ovadia Yosef – ruled that since nowadays people are frailer than in the past, and Torah scholars need strength to continue their studies and their teaching, they should not observe this stringency. They should instead follow the more common custom to refrain from meat only after Rosh Hodesh Ab. One who wishes to eat a meat meal late in the day on Rosh Hodesh Ab should ensure not to recite Arbit early, before sundown. Once he recites Arbit, he in effect ends Rosh Hodesh, and begins the second day of Ab when eating meat is forbidden. One who wishes to recite Arbit early on Rosh Hodesh Ab must ensure to finish eating meat beforehand. The custom among the Yemenite Jewish community was to follow the Mishna's ruling, and permit eating meat except during the final meal before Tisha B'Ab. However, Hacham Ovadia Yosef ruled that once the Yemenites emigrated to Eretz Yisrael, they should follow the rulings of the Shulhan Aruch, and abstain from meat during the Nine Days. This prohibition applies even to meat that is not fresh, such as it if was canned or frozen. The Nehar Misrayim (Rav Aharon Ben Shimon, 1847-1928) records the custom among the Jewish community in Egypt to permit eating chicken during the Nine Days. As mentioned earlier, one of the reasons for the practice to refrain from meat is that we commemorate the loss of sacrificial meat in the Bet Ha'mikdash. Accordingly, Egyptian Jews permitted eating chicken, as chickens were not brought as sacrifices. This is the custom among Jews of Egyptian background even today. The Shulhan Aruch (551:10), however, explicitly includes chicken in his formulation of the custom to refrain from meat during the Nine Days. The Mishna Berura writes that one who is unable to eat dairy products (such as if he suffers from a milk allergy), and thus has limited options for food during the Nine Days, may eat chicken. If one needs to eat meat for health reasons, he should preferably eat chicken instead of beef, as there is greater room for leniency when it comes to chicken. Hacham Ovadia Yosef writes that if one removed the meat from a dish that consisted also of other food – such as if the meatballs were removed from the spaghetti – then, strictly speaking, the remaining food is permissible. Nevertheless, it is customary to be stringent in this regard and refrain from eating food which had been cooked together with meat. If parve food was prepared in a meat pot, the food may be eaten during the Nine Days, since it does not have meat in it. Even if the pot had been used with meat less than 24 hours before it was used to cook the parve food, the parve food may be eaten. This food contains the taste of meat, but not actual meat, and it is thus entirely permissible during the Nine Days. (In fact, according to the ruling of the Shulhan Aruch, this parve food may be eaten together with milk or yoghurt. The meat taste in this food has the status of "Noten Ta'am Bar Noten Ta'am" – a "second degree" taste, as the pot absorbed the taste of the meat, and the parve food then absorbed the taste from the pot. At this point, the taste does not forbid the food from being eaten with milk.) Hacham Ovadia Yosef allowed eating soup from bouillon cubes or bouillon powder during the Nine Days. It is permissible to eat fish during the Nine Days, though some have the custom not to eat fish during the final meal before Tisha B'Ab. One is allowed to eat synthetic meat during the Nine Days. Although one might have thought that this should be avoided due to the concern of Mar'it Ha'ayin – meaning, a person eating synthetic meat might be suspected of eating actual meat – we do not have the authority nowadays to enact new prohibitions out of this concern. If a person forgot that it was the Nine Days, or forgot about the restriction against eating meat, and he recited a Beracha over meat but then remembered that it is forbidden, he should take a bite of the meat, because otherwise his Beracha will have been recited in vain, in violation of the severe prohibition of Beracha Le'batala (reciting a blessing in vain). This is a far more grievous transgression than partaking of meat during the Nine Days – which, as we explained, is forbidden only by force of custom – and it is therefore preferable to take a bite of the meat so that the blessing will not have been recited in vain. (This resembles the case of a person who prepared to eat a dairy food within six hours of eating meat, and remembered after reciting the Beracha that he may not eat the dairy food. In that case, too, he should take a bite of the dairy food so the Beracha will not have been recited in vain. This applies also to someone who recited a Beracha to eat before praying in the morning, and then remembered that he may not eat because he had yet to pray. Even on fast days – except Yom Kippur, when eating is forbidden on the level of Torah law – if someone recited a Beracha over food and then remembered that eating is forbidden, he should take a small bite of the food.) If a person owns a meat restaurant, he is permitted to operate the restaurant during Nine Days, even in a Jewish community, where most or all of his customers are Jews. Given the leniencies that apply, such as permitting meat at a Siyum, and when necessary for health reasons, it is not for certain that the people coming to eat will be violating the custom to refrain from meat. As such, operating the restaurant does not violate the prohibition against causing people to sin. However, it is proper for the restaurant owner to place a visible sign at the entrance to the restaurant informing people of the widely-accepted custom to refrain from eating meat during the Nine Days. Just as many observe the custom to refrain from meat during the Nine Days, it is also customary to refrain from wine during this period. Although the practice in Jerusalem was to be lenient in this regard, and drink wine during the Nine Days, the practice among other Sephardic communities is to refrain from wine. This was also the custom in Arab Soba (Aleppo), as documented in the work Derech Eretz, and this is the practice in our community. There are two reasons for this custom. First, wine brings a feeling of joy, and during the month of Ab, until Tisha B'Ab, we are to reduce our joy and reflect on the destruction of the Bet Ha'mikdash. Secondly, we refrain from wine because we can no longer pour wine libations on the altar. Of course, wine – like meat – is permissible on Shabbat during the Nine Days. The restriction applies only on weekdays. It is permissible to drink other alcoholic beverages during the Nine Days, such as beer and whiskey. Cognac, however, is a type of wine, and is therefore forbidden. One should not drink grape juice during the Nine Days, but grape soda is allowed. Cakes that are baked with grape juice instead of water are allowed during the Nine Days unless the taste of grape juice is discernible, in which case one should refrain from these cakes. Vinegar made from wine is permitted for consumption during the Nine Days, because it has an acidic taste and does not bring enjoyment. Similarly, juice extracted from unripe, prematurely-harvested grapes is permissible. The Shulhan Aruch allows drinking wine at Habdala on Mosa'eh Shabbat during the Nine Days. The Rama (Rav Moshe Isserles, Cracow, 1530-1572), however, writes that according to Ashkenazic custom, the Habdala wine is given to a child to drink. The Shulhan Aruch also writes that one may drink during the Nine Days the cup of wine over which Birkat Ha'mazon is recited. When three or more men ate together, and they recite Birkat Ha'mazon with the introductory Zimun, it is customary for the one who leads the Zimun to hold a cup of wine during Birkat Ha'mazon which he then drinks after Birkat Ha'mazon, and according to the Shulhan Aruch, this cup may be drunk during the Nine Days. However, Hacham Ovadia Yosef rules that since nowadays people generally do not make a point of reciting Birkat Ha'mazon over a cup of wine, this is not permitted during the Nine Days.

Hacham Ovadia Yosef ruled that if a person needs to undergo surgery during the Nine Days (from Rosh Hodesh Ab through Tisha B'Ab), and the procedure could be delayed until after Tisha B'Ab without endangering his health, then he should postpone the operation so as not to have it done during the Nine Days, which is an inauspicious time. Although it is customary not to make weddings during the three-week period from Shiba Asar Be'Tammuz through Tisha B'Ab, it is permissible to get engaged during this period, and even during the Nine Days – and even on Tisha B'Ab itself. One may also host an event to celebrate the engagement, though without a festive meal. If a couple is getting married after Tisha B'Ab, wedding-related purchases may not be made during the Nine Days. These include clothes and other items for the wedding, as well as furniture and utensils for the couple's home. If, however, there will not be enough time after Tisha B'Ab to make the necessary purchases, or if the products might not be available after Tisha B'Ab, and the groom has yet to fulfill the Misva of Periya Ve'ribya (procreation) – and thus the wedding should not be delayed – then the purchases may be made during the Nine Days. One should not have his house painted or redecorated during the Nine Days. Work that is necessary for basic living – such as repairing plumbing, doors or windows – is allowed, but work that merely enhances the home, such as painting, wallpaper and carpeting, should not be done during this period. It goes without saying that building luxury items such as a tennis court or swimming pool may not take place during the Nine Days. In a synagogue, however, even work to enhance the building is permitted during the Nine Days, as it is a Misva to glorify the house of prayer. If a Jewish painter has no other source of income, and if he does not work during the Nine Days he will have no money for his basic necessities, then according to some Poskim – including Hacham Ovadia Yosef – he may be allowed to work during this period. If a Jewish painter was unable to complete before Rosh Hodesh Ab a job for which he was hired, and he if does not complete it during the Nine Days he would suffer a financial loss – as he has other jobs lined up for after Tisha B'Ab – there may be room to allow him to finish the painting work during the Nine Days. In such a case, a competent Posek should be consulted for guidance. If one hired a non-Jewish painter, and he wishes to continue working during the Nine Days so he can complete the job, the Jewish customer should try to convince him to agree to postpone the work until after Tisha B'Ab, even if this entails paying some compensation. If the painter cannot be convinced, then he may be allowed to complete the work during the Nine Days. The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) brings from an earlier source that one should not purchase wood during the Nine Days, in commemoration of the loss of the "Aseh Ha'ma'aracha" – the firewood on the altar in the Bet Ha'mikdash. Since we mourn in this period the destruction of the Bet Ha'mikdash, and the loss of the ability to offer sacrifices on the altar, it is appropriate to refrain from purchasing wood. Hacham Ovadia Yosef writes that according to this explanation of the custom, it applies only to the purchase of firewood, since it commemorates the loss of the firewood on the altar. However, Hacham Abdullah Somech (Baghdad, 1813-1889), in his Zibheh Sedek, writes that one should refrain from purchasing firewood during this period because we lost on Tisha B'Ab the building of the Bet Ha'mikdash, which was made from wood. According to this reason, purchasing wood even for building purposes should be forbidden. Hacham Ovadia Yosef concludes that since the Ben Ish Hai did not mention the reason given by Hacham Abdullah, it seems that it was not accepted. Therefore, although one may not purchase firewood during the Nine Days (such as if he wishes already then to prepare for the winter), he may purchase wood for construction purposes, or to build furniture, if he is planning to build after Tisha B'Ab. Hacham Ovadia Yosef ruled that in Israel, contractors who build homes with the intent of selling them for a profit may continue their work during the Nine Days, due to the housing shortage in Israel. Generally, one should not build during the Nine Days for the purpose of earning a profit, but Hacham Ovadia felt that given the urgent need for more homes in Eretz Yisrael, construction on residential buildings should not be suspended during the Nine Days. Rav Yisrael Bitan clarified that although Hacham Ovadia wrote this in the early years of the State of Israel, when the country saw a very large influx of immigrants, creating a dire housing shortage, this is true even today, when, thank G-d, many new couples are marrying and need homes. On Tisha B'Ab itself, however, the work should be discontinued. One whose new home becomes ready during the Nine Days may move in, assuming that this is his primary residence into which he is moving to more comfortably accommodate his family, and he is not moving for luxury purposes. He may even host a Hanukat Ha'bayit celebration during the Nine Days after moving in– and he in fact should do so rather than delay the celebration. Although it is customary to conduct the Hanukat Ha'bayit within a year of moving into a new home, it is nevertheless preferable to have the event as soon as possible, and so one who moves into a new home during the Nine Days should host the Hanukat Ha'bayit immediately. Light refreshments may be served at the event, but music may not be played. Normally, when hosting a Hanukat Ha'bayit, the homeowner wears a new garment and recites the Beracha of "She'hehiyanu." When the event is held during the Nine Days, one should wear the new garment and recite "She'hehiyanu" after Tisha B'Ab, as it is customary not to recite this Beracha during the Three Weeks. One should not purchase fine jewelry during the Nine Days. Nevertheless, a jeweler may continue operating his business during the Nine Days. Since people purchase jewelry more frequently nowadays than in the past, such purchases do not bring special joy as they used to, and so there is room to be lenient for somebody who earns a livelihood from selling jewelry. One may purchase a new car during the Nine Days if he needs it for his livelihood. If, however, he wishes to buy a new car as a luxury, not as a necessity, then he should wait until after Tisha B'Ab, unless the car will cost more money if he delays. It would seem that there is no distinction between buying and leasing in this regard. One may purchase new Torah books during the Nine Days, and if he needs more space for the new books, he may buy new bookshelves. In general, one may purchase furniture that is needed for basic living, but not furniture that is needed for luxury purposes. One may buy simple clothing, such as socks, but one may not buy more significant garments, such as a suit. However, this is permissible if the price will be significantly higher after Tisha B'Av. One may buy material during the Nine Days to be used for making clothing after Tisha B'Ab.

Hope to Hashem Again

In this episode Rabbi Shalom Rosner discusses the Halachot of Medicine on Shabbat. Follow along using Tzurba Volume 21Tzurba is a revolutionary Halacha sefer guiding the learner through the Halachic process from the Talmudic source through modern day halachic application. Each volume contains clear and concise color-coded sections with a modern English translation alongside the original Hebrew text.The Tzurba Hilchot Shabbat Program is a 2 year cycle in which one can master all of Hilchot Shabbat by learning weekly with Tzurba's signature seforim and style.Tzurba seforim are all available on Amazon worldwide (for those in Israel you can purchase on our website)Have a question for Rabbi Rosner? Want to sponsor a shiur? Contact us at neil@tzurbaolami.com or WhatsAppFollow us on social media for more content:WhatsAppInstagramTwitterYouTubeLearn more about The Lax Family Tzurba M'Rabanan Series

The different things you can buy from a goy and are mutar even to eat and many different Halacha's in regards to knowing if fish are kosher

Although we are not permitted to hold weddings during these days, Halacha allows a person to become engaged—even on Tisha B'Av itself. The Gemara explains the reason: שמא יקדיםנו אחר —perhaps someone else will marry her first. But the Gemara then raises a question: If a person's zivug is already determined even before conception, how could anyone else take what was destined for someone? The answer: if the other person prays hard enough, he may merit it. From here we learn the incredible power of tefillah: It can change what has already been decreed. The Gemara in Masechet Berachot states that one can pray for the gender of a fetus only until the 40th day after conception. After that point, it is considered a tefillat shav —a vain prayer. However, the Yerushalmi in Berachot writes that even if a woman is already in labor, tefillah can still change the gender of the child. Even though we follow the Bavli and do not pray for a gender change after 40 days, the Sefer Berumo Shel Olam explains that the disagreement is only about whether one may pray for a miracle—but all agree that prayer itself retains the power to change reality, even up to the moment of birth. We find an extraordinary example in the case of Chizkiyahu HaMelech. The Navi Yeshayahu came to him and told him that Hashem had decreed death upon him—because he did not fulfill the mitzvah of peri'ah v'revia , having children. Chizkiyahu, although righteous, had seen through prophecy that he would father a wicked son and therefore refrained from marrying. Despite his reasoning, he was held accountable. Chizkiyahu then asked Yeshayahu if he could marry the prophet's daughter, in the hope that their combined merits would produce righteous children. But Yeshayahu answered: It's too late—the decree has already been sealed. Chizkiyahu turned his face to the wall and poured out his heart in prayer. And indeed, Yeshayahu was immediately told to return and inform the king that Hashem had added fifteen more years to his life. Many ask: Why didn't Yeshayahu know through prophecy that tefillah would change the decree? The Kad HaKemach answers: Tefillah is higher than prophecy. It stems from a level in Shamayim beyond where nevu'ah can reach. Even a prophet cannot see what changes tefillah might bring. Another powerful example is Leah Imeinu. It was decreed before she was born that she would marry Esav. But through heartfelt tefillah, she changed her destiny—and instead married Yaakov Avinu, the Gadol HaDor . The Gemara in Masechet Niddah asks: What can a person do to become wise? It answers: He should study Torah and pray to the One who possesses all wisdom. The Maharsha explains that the question refers to someone whose natural intellect was limited due to a Heavenly decree. Can such a person become wise? The Gemara answers: Yes—if he learns Torah and prays sincerely, even he can attain wisdom. Through Torah and tefillah, one can rise above natural limitations. There is nothing that tefillah cannot accomplish. Therefore, it is our responsibility to use this powerful gift with all our strength. Even if we feel that we've prayed many times and nothing has changed—we must continue. The Gemara tells us, חזק ויאמץ לבך וקוה אל ה —strengthen yourself, and do it again. There is no limit to what effort in tefillah can achieve. We must keep renewing our strength, returning to prayer again and again, pouring out our hearts with sincerity and Emunah.

The Gemara in Masechet Ta'anit (29b) states that if a Jew has a court case against a gentile, he should try to avoid scheduling the case for the month of Ab, which is a time when our nation's "Mazal" ("luck") is compromised. He should instead try to schedule the hearing for the joyous month of Adar, which is a time of good "Mazal" for the Jewish Nation. A number of commentators raised the question of how to reconcile this teaching with the rule famously established by the Gemara elsewhere, in Masechet Shabbat (156a), "En Mazal Le'Yisrael" – the Jewish Nation is not governed by the forces of "Mazal" that affect the rest of the world. If, indeed, three is no such thing as "Mazal" as far as Am Yisrael is concerned, then why are we told that we have good "Mazal" during Adar and poor "Mazal" during Ab? The Ritba (Rav Yom Tob of Seville, Spain, 1250-1330) answers that Adar and Ab are exceptions to the rule. Although the Jewish Nation is generally not subject to the forces of "Mazal," Hashem decreed that these influences indeed affect us during these two months. Alternatively, the Ritba suggests, the Jewish People are indeed not influenced at all by "Mazal" at any time, and the Gemara in Ta'anit borrows the term "Mazal" to refer to Hashem's governance of His nation during the months of Adar and Ab. During Adar, He deals with us more graciously and compassionately, whereas in Ab, He deals with us more strictly and exactingly, and this is the Gemara's intent when it speaks of the "Mazal" during these months. A different answer was offered in light of Tosafot's comments to the Gemara's teaching "En Mazal Le'Yisrael." Tosafot explain that indeed, we, like all people on earth, are subject to the powers of "Mazal," but we have the ability to negate these forces through the merits of our Misvot. Accordingly, the Gemara in Maseches Ta'anit might be understood to mean that we require additional merits to overcome the harsh "Mazal" of the month of Ab. We are never helplessly at the mercy of "Mazal," as we always have the ability to earn Hashem's favor through out merits irrespective of our "Mazal," but during the month of Ab this is somewhat more difficult. In conclusion, it is worth noting the Gemara's startling comment in Masechet Mo'ed Katan (28a) that a person's lifespan, his ability to beget children, and his livelihood depend not on his merits, but rather on "Mazal." This seems to explicitly contradict the aforementioned rule of "En Mazal Le'Yisrael." In truth, however, Rav Menahem Meiri (Provence, 1249-1315) comments that the Gemara's statement in Mo'ed Katan reflects a minority view among the Sages, and has been resoundingly rejected. Therefore, the Meiri writes, one should never cease praying for everything he needs and wants, because our merits and G-d's mercy can overcome any "Mazal." Hacham Ovadia Yosef noted that the Rambam similarly followed this view, firmly stating that we are not affected at all by the forces of astrology. This is the position taken by many other Rabbis, as well. Until when specifically should a person delay his court hearing? The Magen Abraham (Rav Abraham Gombiner, Poland, 1635-1682) writes (551:1) in the name of Rabbenu Yeruham (Provence, 1290-1350) that one should delay the hearing until the onset of the month of Elul. According to this view, the inauspicious quality of the month of Ab extends throughout the entire month. By contrast, Rav Levi Yitzhak of Berditchev (1740-1809), in his work Kedushat Levi (Parashat Va'et'hanan) writes that the Gemara refers only to the first half of the month. Starting from the 15 th of Ab – Tu B'Av, which is a festive day – the remainder of the month is not considered inauspicious. Accordingly, some have ruled that already from Tu B'Ab there is no concern going to court. An allusion to this concept is the configuration of the divine Name associated with this month. The Kabbalists teach that the four letters that comprise the Name of "Havaya" (spelled Yod, Heh, Vav and Heh) can be arranged in twelve different sequences, and each sequence is associated with a different month. The month of Tammuz is associated with the reverse spelling – Heh, Vav, Heh and Yod – and this month is thus a month of calamity. The month of Ab is associated with the spelling Heh, Vav, Yod and Heh – with the first two letters reversed, and the second two letters in proper sequence. This alludes to the fact that the first half of the month of Ab is one of misfortune and tragedy, but the second half – starting from Tu B'Ab – is joyous. Hacham Ovadia Yosef, in Hazon Ovadia (p. 166), follows a third view, based on a passage in the Zohar (Yitro, 78b) stating that Esav took control of the month of Tammuz and the first nine days of the month of Ab. According to the Zohar, it seems, it is only through Tisha B'Ab that one should avoid a court hearing against a gentile, but already from the 10 th of Ab there is no concern. This is, indeed, the view of the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Parashat Debarim, 1). Summary: The Gemara teaches that a person who has a court case against a gentile should try to avoid scheduling the hearing for the month of Ab, which is a time of bad "Mazal." The commentators clarified that this does not mean we are helplessly subject to the forces of astrology and the like. We are always able to earn G-d's favor and compassion through prayer and good deeds, but in the month of Ab He deals with us somewhat more harshly, making it more difficult to earn His kindness. Different views exist as to when specifically one should avoid going to court. Hacham Ovadia Yosef rules that the concern is only through Tisha B'Ab; starting already on the 10 th of the Ab, one may go to court without any worry.

Generally speaking, the restrictions observed during the three-week period of Ben Ha'mesarim – from Shiba Asar Be'Tammuz through Tisha B'Ab – apply equally to both and women. The question was asked regarding an unmarried girl who would like to take a haircut before going on a date, or an engaged girl who wishes to take a haircut before spending time with her fiancé. Ashkenazic practice is to refrain from haircutting through the Three Weeks, and Sephardic practice is to refrain from doing so from Shabbat Hazon (the Shabbat immediately preceding Tisha B'Ab). Is there room to permit a girl to take a haircut during the Three Weeks or the Nine Days if she finds this necessary for purposes of courtship, or for her fiancé? When it comes to a female mourner, the Shulhan Aruch (Y.D. 390:5) rules that a woman in mourning for an immediate family member may take a haircut already after the seven-day Shiba period, whereas the Rama, whose rulings are followed by Ashkenazim, forbids haircutting even for women until after the thirty-day Sheloshim period. Accordingly, Hacham Ovadia Yosef ruled that a Sephardic girl who wishes to cut her hair may do so, even after Shabbat Hazon, since the restrictions of Ben Ha'mesarim are treated more leniently than the laws of mourning. Moreover, it seems clear from Hacham Ovadia's rulings that any Sephardic woman who feels the need to cut her hair, for any reason, may do so, even after Shabbat Hazon. An example would be a woman who needs to immerse in a Mikveh and wishes to cut her hair to make the preparations for her immersion easier. As for Ashkenazic girls, Hacham Ovadia ruled that they may, if necessary, cut their hair until Shabbat Hazon. Although Ashkenazic practice forbids a female mourner from haircutting during Sheloshim, the laws of the Three Weeks are observed only by force of custom, and not as strict Halacha, and so there is greater room for leniency. After Shabbat Hazon, however, an Ashkenazic girl should not take a haircut. Hacham Ovadia showed that this is the position also of Rav Moshe Feinstein (1895-1986) and Rav Shlomo Zalman Auerbach (1910-1995). Summary: Ashkenazim refrain from haircutting during the three weeks from Shiba Asar Be'Tammuz through Tisha B'Ab. An Ashkenazic girl who wishes to cut her hair for a date, or an engaged Ashkenazic girl who wishes to take a haircut so she looks good for her fiancé, may do so until Shabbat Hazon (the Shabbat preceding Tisha B'Ab). Sepharadim refrain from haircutting from Shabbat Hazon through Tisha B'Ab, but a Sephardic woman who feels a need to take a haircut for any reason during this week may do so.

The custom among Ashkenazim is to refrain from shaving and haircutting throughout the three-week period of Ben Ha'mesarim, from Shiba Asar Be'Tammuz through Tisha B'Ab. Sepharadim, by contrast, observe this practice only during the week of Tisha B'Ab, from the Shabbat immediately preceding Tisha B'Ab until the 10 th of Ab. If a Sephardic boy is studying in an Ashkenazic yeshiva, where the majority of the students are refraining from shaving and haircutting already from Shiba Asar Be'Tammuz, he is nevertheless allowed to shave and take a haircut, until the week of Tisha B'Ab. However, it is preferable that he avoid doing so in order not to stand out. Hacham Ovadia Yosef writes about one who is stringent in this regard, "Tabo Alav Beracha" – he is worthy of special blessing. If a Sephardic student in an Ashkenazic institution has been accustomed to acting stringently, refraining from shaving and haircutting already from Shiba Asar Be'Tammuz, and now wishes to change his practice, he may perform Hatarat Nedarim (the annulment of vows). His acceptance of this practice constitutes a "vow," assuming he never explicitly said that he was taking on this practice "Beli Neder" – without making a formal vow. Thus, if he wishes to change his practice so he can shave or take a haircut during the Three Weeks (until the week of Tisha B'Ab), he should conduct Hatarat Nedarim in front of a Bet Din to have his commitment annulled. However, Hatarat Nedarim is required only if the student knew that this stringency was not strictly required by Halacha, and he had followed this practice as an additional measure of piety. If, however, he mistakenly thought that he must refrain from shaving and haircutting already from Shiba Asar Be'Tammuz, and he then learned that this is not required, then he may drop this stringent practice even without Hatarat Nedarim. Since this "vow" was taken on a faulty premise, as he erroneously assumed that Halacha requires him to refrain from shaving and haircutting, the "vow" is not binding, and he may therefore change his practice even without annulling his vow. Summary: Sephardic practice is to refrain from shaving and haircutting during the week of Tisha B'Ab. A Sephardic student studying in an institution where the majority of students are Ashkenazim – who refrain from shaving and haircutting already from Shiba Asar Be'Tammuz – may shave and take a haircut until the week of Tisha B'Ab, even though the other students refrain from doing so. Nevertheless, it is preferable him to refrain in deference to the Ashkenazic students. If he had observed this stringency and now wishes to act leniently, he may perform Hatarat Nedarim. If he had observed this stringency because he mistakenly thought it was Halachically required, then he does not need Hatarat Nedarim.

The Midrash Shoher Tob (Tehillim 91) speaks about a dangerous "demon" called "Keteb Meriri" that is covered with scales and hair, has eyeballs all over its body, and sees from the eye situated on its chest. It generally resides in areas that are partly sunny and partly shady, and moves by rolling like a ball. Anyone who comes near this demon, the Midrash comments, exposes himself to great danger. The Midrash in fact relates that there were schoolchildren who suffered harm as a result of "Keteb Meriri." It is specifically during the three weeks of between Shiba Asar Be'Tamuz and Tisha B'Ab, the Midrash teaches, that this harmful spirit surfaces and poses danger. It is very uncharacteristic for the Shulhan Aruch, which was written as a strictly Halachic code, to include Kabbalistic concepts in presenting Halachic guidelines. Yet, the Shulhan Aruch indeed writes that during the three weeks one should not go outdoors to partially shady areas between the fourth and ninth hours (referring to Halachic hours) of the day, when this demon is most threatening. He adds that during this period, parents should make a point not to hit their children, and teachers should likewise refrain from smacking students, in order to avoid risks. The Midrash tells the story of Rabbi Abahu who saw a teacher with a branch ready to hit an unruly student. Rabbi Abahu sharply condemned the teacher, noting that "Keteb Meriri" was standing right behind him with an iron rod, ready to strike. This story shows the dangers of administering any type of corporal punishment during this period, when we are exposed to the dangers of "Keteb Meriri." The Aruch Ha'shulhan (work by Rabbi Yehiel Michel Epstein, Byelorussia, 1829-1908) cites authorities who limit this Halacha to uninhabited areas, such as forests and the like. Inside a city, however, the presence of many people, as well as the presence of Mezuzot on the doorposts, offers a degree of protection from this harmful spirit. On one level, this restriction essentially renders this Halacha practically irrelevant nowadays, when we usually spend our time in towns, cities and other inhabited areas. Nevertheless, this Halacha demonstrates the importance of avoiding danger during this three-week period and keeping a "low profile," as this period is particularly suited for mishaps and calamity, Heaven forbid. It is therefore advisable to remain in safe, secure quarters during the three weeks, especially between the fourth and ninth hours of the day. Summary: It is advisable to avoid desolate, outdoor areas between the fourth and ninth hours of the day (as defined by Halacha) during the three weeks between Shiba Asar Be'Tamuz and Tisha B'Ab. More generally, it is proper to avoid all dangerous situations during this period, which is a particularly inauspicious time for the Jewish people.

Is it permissible to swim in a pool or in the ocean during the Three Weeks, the period from Shiba Asar Be'Tammuz through Tisha B'Ab? According to the practice of the Sepharadim, it is permissible to swim – both in a pool and in the ocean – during the Three Weeks, and even after Rosh Hodesh Ab. The prohibition against swimming begins only during the week of Tisha B'Ab, meaning, from after the Shabbat that immediately precedes Tisha B'Ab, until after Tisha B'Ab day. Just as bathing is forbidden during the week of Tisha B'Ab, swimming is similarly forbidden. This is the ruling of Hacham Ben Sion Abba Shaul (Israel, 1923-1998). There are some authorities who forbid swimming already from Rosh Hodesh Ab. The practice in our community, however, appears to follow the lenient position, that allows swimming until the week of Tisha B'Ab. Summary: It is permissible to swim during the Three Weeks, except during the week of Tisha B'Ab, meaning, from after the Shabbat that immediately precedes Tisha B'Ab, until after Tisha B'Ab day.

One of the customs which we observe during the Nine Days – from Rosh Hodesh Ab through Tisha B'Ab – is to refrain from meat. The Mishna establishes that eating meat is forbidden only during the Se'uda Mafseket – the final meal before Tisha B'Ab – but the custom was accepted to refrain from meat throughout the period of the Nine Days (except, of course, on Shabbat). A number of companies today sell synthetic meat – products made from soy or other ingredients but resemble meat, and are eaten as meat substitutes. Are such products permissible for consumption during the Nine Days? Hacham Bension Abba Shaul (Jerusalem, 1924-1998) writes that although the concept of Mar'it Ha'ayin – avoiding actions which appear as Halachic violations – forbids eating something which appears prohibited, this rule does not apply to something which is forbidden only by force of Minhag (accepted custom). When something is forbidden by the strict Halacha, then we must be concerned about Mar'it Ha'ayin, but not when it is forbidden only on the level of Minhag. Therefore, Hacham Bension writes, it is permissible during the Nine Days to eat vegetarian products which resemble meat, but during the Se'uda Mafseket, when meat is forbidden on the level of strict Halacha, it may be eaten only privately, but not in public view. Summary: Synthetic meat products – meaning, products which resemble meat but are made from soy or other ingredients – may be eaten during the Nine Days. However, during the Se'uda Mafseket right before Tisha B'Ab, such products may be eaten only in private, but not in a public setting.

Episode generously dedicated by Anonymous lrefuah shelaima דנה דניאלה בת סוניה and for the safety of Eretz Yisroel and Jewish People everywhere.