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Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
Many people have the custom each morning to read "Hok Le'Yisrael" – a collection of texts that includes passages from the Tanach, Mishna, Halachic works, Zohar, and other sources. "Hok Le'Yisrael" follows a regimented schedule, with different pieces of texts being recited each day. Often, the people who read "Hok Le'Yisrael" do not understand the material they read. The question arises whether a person may read "Hok Le'Yisrael" in the morning before reciting Birkot Ha'Torah. Halacha requires reciting Birkot Ha'Torah before learning Torah for the first time in the morning, but does this apply even if one reads Torah literature without understanding the text? Does this qualify as "learning" with respect to the obligation of Birkot Ha'Torah? Rav Schneur Zalman of Liadi (first Rebbe of Lubavitch, 1745-1812), in his Shulhan Aruch Ha'Rav, distinguishes in this regard between the Tanach and other texts. When one reads verses from the Torah, Nebi'im or Ketubim, this constitutes Torah learning regardless of whether or not he understands what he reads. When it comes to all other texts, however, reading them qualifies as Torah study only if one understands the material he reads. Similarly, the Mishna Berura cites the Magen Abraham (Rav Abraham Gombiner, Poland, 1635-1683) as stating that if one reads "Ezehu Mekoman" – the chapter of Mishna which is customarily read during the "Korbanot" section each morning – without understanding the text, this is not considered Torah study. This is true also of "Rabbi Yishmael Omer," the paragraph which is customarily read in the morning, listing the thirteen methods by which the Sages extracted Halachot from the Biblical text. If a person does not understand this passage, reading it does not qualify as Torah learning. This rule has ramifications with regard to Ereb Pesach, when it is customary for firstborns to participate in a Siyum celebration in order to be absolved from the "fast of the firstborn" (Ta'anit Bechorot) on this day. Hacham Ovadia Yosef writes that a Siyum is effective in absolving the firstborns of their obligation only if the person making the Siyum truly understood all the material in the Masechet (tractate of Talmud) which he completes. Simply reading the words does not suffice. The exception to this rule is the Zohar, the reading of which qualifies as Torah learning even if one does not understand what he reads – and even if he does not read the words correctly. This is the ruling of the Hida (Rav Haim Yosef David Azulai, 1724-1806) and of Rav Haim Palachi (Turkey, 1788-1868). The words of the Zohar have such power and potency that reading them has the effect of absorbing the content into one's being even if he does not understand what he reads. It is told that the Arizal (Rav Yishak Luria, 1534-1572) once advised somebody to read five pages of Zohar each day as a Tikkun (rectification) for his soul. And many have the custom to read from the Zohar Hadash each day during the month of Elul, until Yom Kippur, because the reading itself brings great spiritual benefits, even if one does not understand the text. Therefore, one who reads Zohar in the morning must first recite Birkot Ha'Torah. This exception is unique to the Zohar. Other Kabbalistic works – such as Sha'ar Ha'kavanot and the teachings of the Rashash (Rav Shalom Sharabi, 1720-1777) – elucidate and expound upon the teachings of the Zohar, and thus simply reading them without understanding what they say does not qualify as Torah learning. Returning the case of those who read "Hok Le'Yisrael," since this reading includes passages from the Tanach, one must recite Birkot Ha'Torah before reading this text in the morning, even if he does not understand anything he reads. This applies also to somebody who wishes to read Tehillim in the morning – he must first recite Birkot Ha'Torah, even though he does not understand the verses he recites, because Tehillim is part of the Tanach. In conclusion, it should be emphasized that although reading Tanach and Zohar without understanding the text qualifies as Torah study, we should always aspire to understand to the best of our ability. The sin of "Bittul Torah" (neglecting Torah) is normally defined as wasting time which could have been used for Torah, but it includes also wasting one's capabilities which could have been used to understand Torah. G-d gave us intellectual skills, the ability to comprehend, and we must utilize these powers to understand as much Torah as we can to the greatest extent possible. Today, when virtually every Torah text is available with translations and commentaries, there is really no excuse for reading any part of Torah literature without understanding the material. Summary: If one wishes to read verses from the Torah – such as Tehillim – in the morning, he must first recite Birkot Ha'Torah, even if he will not understand the text he will be reciting. This applies also to someone who wishes to read passages from the Zohar which he does not understand. Reading any other Torah text, however, does not qualify as Torah study unless one understands what he reads, and thus one who reads in the morning other Torah texts without understanding does not need to first recite Birkot Ha'Torah.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
Virtually all the Berachot that we are required to recite were introduced by the Sages. One notable exception is Birkat Ha'mazon – the obligation to recite a series of blessings after eating bread, which is explicitly mentioned by the Torah: "You shall eat and be satiated, and you shall bless Hashem your G-d…" (Debarim 8:10). According to some Rishonim, however, there is also another exception – Birkot Ha'Torah, the special blessing recited over Torah study each day. The Gemara (Berachot 21a) infers the obligation to recite a Beracha over the Torah from the verse in Parashat Haazinu (Debarim 32:3), "Ki Shem Hashem Ekra, Habu Godel L'Elokenu" – "When I call the Name of G-d, give praise to G-d." The Torah is comprised of the Names of Hashem; they are encoded in the text of the Torah. Thus, this verse means that when we learn the Torah – "calling" the Names of G-d – we must give praise to Hashem for granting us this precious gift. Indeed, the text of the blessing over the Torah includes a prayer that we and all our descendants should be "knowers of Your Name, and people who study Torah for its sake." By studying the Torah, we become "knowers" of Hashem's Name. Based on the Gemara's comment, the Ramban (Rav Moshe Nahmanides, Spain, 1194-1270) maintained that this Beracha constitutes a Torah obligation. Others, however, disagree. They explain the verse to mean that when we hear someone recite G-d's Name in a Beracha, we must respond "Amen." According to this view, the Gemara does not actually point to this verse as the source of the obligation of Birkot Ha'Torah, but rather it finds a subtle allusion in the Biblical text to a law enacted later by the Sages. This is the opinion of the Rambam, who does not include Birkot Ha'Torah in his list of Torah commands. The Shulhan Aruch appears to follow this view, ruling that if someone is uncertain whether or not he recited a required Beracha, he does not recite it – except in the case of Birkat Ha'mazon. Since Birkat Ha'mazon is required on the level of Torah obligation, we apply the rule of "Safek De'Orayta Le'humra" – that we must act stringently in a situation of uncertainty when a Torah law is at stake. The fact that the Shulhan Aruch mentions Birkat Ha'mazon as the only exception clearly indicates that this is the only Beracha mandated by the Torah, and he regarded Birkot Ha'Torah as a Rabbinic obligation, such that we act leniently in a situation of doubt. This inference is made by the Hida (Rav Haim Yosef David Azulai, 1724-1806), who notes that others disagree, and follow the opinion that Birkot Ha'Torah is a Biblical requirement. Later scholars who embraced this position include the Peri Hadash (Rav Hizkiya Da Silva, 1659-1698), the Mor U'kesi'a (Rav Yaakov Emden, Germany, 1697-1776), the Yad Aharon (Rav Aharon Alfandari, d. 1774), the Hikreh Leb (Rav Raphael Yosef Hazan, 1741-1820), and the Sha'agat Aryeh (Rav Aryeh Leib Ginsburg, d. 1785). The Mishna Berura writes that given the large number of Aharonim (later scholars) who accept the view that Birkot Ha'Torah constitutes a Biblical obligation, it is difficult to rely on the lenient position in a case of uncertainty. As for the practical Halacha, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) writes that although we follow the Shulhan Aruch's view, that Birkot Ha'Torah is required only by force of Rabbinic enactment, nevertheless, we must seek to satisfy the stringent view. Therefore, if one cannot remember whether or not he recited Birkot Ha'Torah, he should recite it, but instead of verbalizing the words "Hashem Elokenu Melech Ha'olam," he should instead think these words in his mind. This is the ruling accepted by the Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Jerusalem, 1870-1939) and Hacham Ovadia Yosef. Summary: If a person is unsure whether or not he recited Birkot Ha'Torah, he should recite it, but instead of verbalizing the words "Hashem Elokenu Melech Ha'olam," he should instead think these words in his mind.
Mishnah Berurah - Siman 474: Seif 1 - Siman 475: Seif 1 סימן תע"ד סעיף א - תע"ה סעיף א Hilchos Pesach -על כוס שני אין מברכין Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 473: Seif 6-7 סימן תע"ג סעיף ו-ז Hilchos Pesach -דיני כוס ראשון וסדר הפסח עד כוס השני Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 473: Seif 5 סימן תע"ג סעיף ה Hilchos Pesach -דיני כוס ראשון וסדר הפסח עד כוס השני Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 473: Seif 4 סימן תע"ג סעיף ד Hilchos Pesach -דיני כוס ראשון וסדר הפסח עד כוס השני Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 472: Seif 15- Siman 473: Seif 3 סימן תע"ב סעיף טו - סימן תע"ג סעיף ג Hilchos Pesach -דיני הסיבה וארבע כוסות Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 472: Seif 8-14 סימן תע"ב סעיף ח-יד Hilchos Pesach -דיני הסיבה וארבע כוסות Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
If a person hears a Beracha for the purpose of fulfilling an obligation, and he listens attentively and responds "Amen," then hearing this Beracha counts toward the required recitation of 100 blessings each day. Thus, for example, when a person hears Kiddush on Friday night to fulfill the Misva of Kiddush, those two Berachot – "Ha'gefen" and "Mekadesh Ha'Shabbat" – count as two of the 100 Berachot which he is obligated to recite each day. The same is true of the Misva over the Shofar blowing on Rosh Hashanah ("Li'shmoa Kol Shofar") and the Berachot recited over the Megilla reading on Purim ("Al Mikra Megilla," "She'asa Nissim," and – at night – "She'hehiyanu"). By listening to these Berachot and responding "Amen," one adds to his total number of Berachot recited that day. If a person recites a Beracha for others to fulfill their obligation, then, according to the ruling of Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995), this Beracha counts toward his recitation of 100 blessings. Thus, for example, if someone works as a chaplain in a hospital, and on Friday night he goes around the hospital making Kiddush for patients, all those Berachot can be counted toward his obligation. Even though he had already fulfilled the Misva of Kiddush, and he is reciting Kiddush solely for the sake of others, nevertheless, since he is, after all, reciting these Berachot, they count toward his 100 daily blessings. An interesting question arises in the case of somebody who recited the Amida, and then realized that he did not concentrate on the meaning of the words during the first Beracha. The Shulhan Aruch ruled that although we must of course endeavor to pray the entire Amida with Kavana (concentration), one fulfills his obligation even if he prayed without Kavana, as long as he recited the first blessing with Kavana. If, however, one did not concentrate on the meaning of the words while reciting the first Beracha, then he did not fulfill his obligation. Nevertheless, the accepted practice follows the ruling of the Rama (Rav Moshe Isserles, Cracow, 1530-1572) that one does not repeat the Amida in such a case, given the likelihood that he will not have Kavana the second time, either. The Poskim posed the question of whether these 19 Berachot – the blessings that comprise the Amida – can be counted toward one's required 100 daily Berachot in such a case. Seemingly, since it turns out that the person did not fulfill his obligation through the recitation of the Amida, the Berachot are considered to have been recited in vain, and thus they cannot count toward the required 100 blessings. Rav Shlomo Zalman Auerbach, however, ruled that these Berachot do, in fact, count toward the 100 Berachot. He proves this from the fact that if a person realizes during the recitation of the Amida that he did not have Kavana while reciting the first Beracha, he nevertheless continues reciting the Amida. Although he cannot fulfill the Amida requirement, as he recited the first blessing without Kavana, nevertheless, he completes the Amida. This proves that the Berachot of the Amida are not considered to have been recited in vain even if one had not concentrated while reciting the first Beracha. Rav Shlomo Zalman explains that although the person does not fulfill his obligation in this case, his prayer still formally qualifies as a valid Amida prayer. Thus, for example, the prohibition against walking in front of someone praying the Amida applies even if someone prays the Amida and did not have Kavana during the first blessing. Since the remainder of his Amida qualifies as an Amida – notwithstanding the fact that the individual does not fulfill his prayer obligation through this Amida – one may not pass in front of him. By the same token, Rav Shlomo Zalman rules, the Berachot can be counted toward the obligatory 100 blessings. Rav Shlomo Zalman applies this ruling also to the case of somebody who mistakenly omitted "Ya'aleh Ve'yabo" from the Amida on Rosh Hodesh, or recited "Ve'ten Tal U'matar" in the summer, and thus needs to repeat the Amida. Although the Amida was invalid, and the individual did not fulfill his obligation, Rav Shlomo Zalman maintained that these blessings count toward the 100 required daily Berachot. Rav Shlomo Zalman writes that if someone hears his fellow make such a mistake in his Amida prayer without realizing it, and the fellow continues the Amida, the person may not walk in front of him, as the one reciting the Amida is still considered to be praying the Amida. As in the case of one who did not concentrate during the first Beracha, the Amida still qualifies as an Amida prayer, even though the person does not fulfill his prayer obligation through the recitation of this prayer. (Regarding "Ya'aleh Ve'yabo," there is a debate among the Rishonim as to whether one who mistakenly omits this addition is considered not to have prayed at all, or has simply not fulfilled the obligation of "Ya'aleh Ve'yabo." According to one view, if one forgets "Ya'aleh Ve'yabo" at Minha on Rosh Hodesh, and he realizes his mistake only that night, when it is no longer Rosh Hodesh, he must recite an extra Amida at Arbit, even though he will not be adding "Ya'aleh Ve'yabo," since he is considered not to have prayed Minha. The other view maintains that this fellow has fulfilled his obligation of Minha, but failed to fulfill his obligation to recite "Ya'aleh Ve'yabo," and so there is no value in adding an Amida at Arbit, since he will not be reciting "Ya'aleh Ve'yabo." At first glance, it seems that Rav Shlomo Zalman's ruling was said specifically according to this second view, though in truth, it applies according to all opinions. A comprehensive analysis of this subject lies beyond the scope of our discussion here.) The Poskim offer different solutions for reaching a total of 100 Berachot on Shabbat and Yom Tob, when the Amida prayer is much shorter than the weekday Amida. The Amida prayer on Shabbat and Yom Tov consists of only seven blessings, as opposed to the weekday Amida, which contains 19. The Musaf prayer – with its seven Berachot – is added on Shabbat and Yom Tob, but nevertheless, one is left with 19 fewer Berachot – and these become 20 Berachot once we consider that one does not recite the Beracha over Tefillin on Shabbat and Yom Tob. Several of these missing Berachot are supplied by reciting and listening to Kiddush, but nevertheless, one is missing a considerable number of Berachot. The Shulhan Aruch writes that this problem can be solved by listening attentively and answering "Amen" to the Berachot recited over the Torah reading. On Shabbat morning, eight people are called to the Torah (seven regular Aliyot, and Maftir), and another three are called to the Torah at Minha – and each of these 11 men recite two Berachot. If a person listens to these Berachot and recites "Amen," he adds 22 Berachot to his total. The Magen Abraham (Rav Avraham Gombiner, 1633-1683) writes that this solution should be relied upon only if one has no other possibility of reaching a total of 100 Berachot. Preferably, one should fulfill the obligation in other ways. This is the position taken by others, as well, including the Shulhan Aruch Ha'Rav (Rav Shneur Zalman of Liadi, founding Rebbe of Lubavitch, 1745-1812), and the Mishna Berura. This was also the view taken by Hacham Ovadia Yosef in his earlier works. However, in his Hazon Ovadia, which he wrote later in life, he cites the Magen Giborim as stating that one can rely on this solution even Le'chatehila (on the optimal level of Halachic observance), and this is the Halacha. By listening attentively to the Berachot recited before and after the Haftara reading, one adds even more Berachot to his total. Hacham Baruch Ben-Haim taught us an allusion to this Halacha in the final verses of Shir Hashirim, which speak of the fruit of King Shlomo's vineyard. The Gemara tells that if someone slaughtered a chicken, and before he fulfilled the Misva of Kisui Ha'dam (covering the blood), somebody else came along and covered the blood, the person who covered the blood owes the Shohet (slaughterer) 100 gold coins. The reason, the Gemara explains, is that this person caused the Shohet to lose the opportunity to recite the Beracha over this Misva, and so he owes compensation. It thus turns out that a Beracha is worth 100 gold coins – such that the 100 Berachot we recite each day have a total value of 1000 gold coins. The verse in Shir Hashirim says, "A thousand for you, Shlomo, and 200 for those who guard the fruit." The name "Shlomo" in Shir Hashirim sometimes refers to Hashem, and thus this verse alludes to the 1000 gold coins we are to earn through the recitation of 100 Berachot each day. The phrase "and 200 for those who guard the fruit" alludes to the 20 missing Berachot on Shabbat – valued at 200 gold coins – which some people achieve through "fruit," by eating extra delicacies on Shabbat so they add more Berachot. The next verse then says, "Haberim Makshibim Le'kolech" – "friends heeding your voice," alluding to attentively listening to the Torah reading, which is the other method of reaching the required 100 blessings. Rabbi Bitan notes that in light of this Halacha, it seems that one should not respond "Baruch Hu U'baruch Shemo" to Hashem's Name in the blessings recited over the Torah reading. Since one needs to be considered as though he recites these Berachot, so he can reach a total of 100 blessings, he should listen silently without saying "Baruch Hu U'baruch Shemo." Moreover, those who are called to the Torah should ensure to recite the Berachot loudly and clearly, so that everyone can hear the recitation. The Mishna Berura writes that if one listens attentively to the Hazan's repetition of the Amida, then he is considered to have recited those Berachot, and they count toward his total of 100 Berachot. The Abudarham (Spain, 14 th century), quoted by the Bet Yosef, goes even further, saying that one is considered to have recited the Hazan's blessings by listening to them, and then, by answering "Amen," he receives credit again for all those Berachot. According to the Abudarham, then, one can be credited with 57 Berachot at each weekday Shaharit and Minha. The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) finds an allusion to this concept – that listening to the Hazan's repetition counts as the recitation of Berachot – in the verse, "L'Hashem Ha'yeshu'a Al Amcha Birchatecha Sela" (Tehillim 3:9). This could be read to mean that G-d's salvation is upon those who bless Him "Sela" – who recite 95 blessings, the numerical value of "Sela." By listening to the Hazan's repetition, one is considered as though he recites 38 Berachot (19 X 2) at Shaharit, another 38 at Minha, and 19 at Arbit (when the Hazan does not repeat the Amida), for a total of 95. However, the Shulhan Aruch clearly disagreed with this opinion. In presenting the way to reach 100 Berachot each day, he makes no mention at all of the Hazan's repetition, indicating that he did not feel that this counts toward the required 100 daily blessings. Some Poskim proposed that one can be considered to have recited 100 Berachot simply by reciting the blessing of "Modim" in the Amida with concentration. The word "Modim" in Gematria equals 100, and thus reciting this Beracha properly, with Kavana, is equivalent to reciting 100 blessings. Others suggest that this can be achieved through the recitation in Shaharit, after Shema, of the phrase "Ve'yasib Ve'nachon Ve'kayam…Ve'yafeh." This clause consists of 15 words which begin with the letter Vav, which in Gematria equals 6, for a total of 90. The next two words – "Ha'dabar Ha'zeh" – both begin with the letter Heh, which in Gematria equals 5, thus adding another 10, for a total of 100. By reciting these words with this in mind, one can perhaps be considered to have recited 100 Berachot. The Shiboleh Ha'leket (Rav Sidkiya Ben Abraham, Rome, 13 th century) writes that the recitation of "En K'Elokenu" adds an additional 12 Berachot to one's total. This prayer begins, "En K'Elokenu, En K'Adonenu, En Ke'Malkenu, En Ke'Moshi'enu" – four phrases that begin with the word "En." It continues with the same four phrases but that begin with "Mi," followed by these four phrases beginning with the word "Nodeh." The first letters of "En," "Mi" and "Nodeh" are Alef, Mem and Nun, which spell "Amen." Reciting this hymn, therefore, is akin to answering "Amen," and by answering "Amen" one is considered to have recited a Beracha. These three lines, then, can qualify as 12 Berachot (as each line contains four phrases). Other Poskim, however, are skeptical as to whether this recitation is really effective to be considered as the recitation of Berachot. The Ben Ish Hai, in Parashat Vayesheb, brings a source that suggests a different way of reaching 100 Berachot: reciting seven or ten times each day the verses of "Va'yebarech David" (Divrei Hayamim I 29:10-12), which contains a Beracha ("Baruch Ata Hashem Elokeh Yisrael…") and reciting after each time the verse "Baruch Ata Hashem Lamedeni Hukecha" (Tehillim 119:12). This recitation qualifies as the recitation of 100 Berachot. This practice is recommended for women, who do not recite as many Berachot as men, and thus face a challenge trying to reach a total of 100 Berachot each day. (As we saw in an earlier installment, Hacham Ovadia maintained that women are included in the obligation to recite 100 daily Berachot.) Hacham Ovadia Yosef had the practice of smelling different fragrant items over the course of Shabbat in order to add more Berachot. One who smells Hadas branches recites "Boreh Aseh Besamim"; before smelling mint leaves one recites "Boreh Asbeh Besamim"; over the scent of a fragrant fruit one recites "Ha'noten Re'ah Tob Ba'perot"; and over perfume one recites "Boreh Mineh Besamim." By smelling different items at different points over the course of Shabbat, one can add more Berachot. One can recite a new Beracha over a fragrance after "Heseh Ha'da'at" – meaning, when he smells it again after it was no longer on his mind. Normally, if a person has a fragrant plant requiring the Beracha of "Aseh Besamim," another which requires "Asbeh Besamim," and a third whose Beracha is uncertain, he simply recites the Brachot over the first two, having mind to cover the third. However, Hacham Ben Sion Abba Shaul (Jerusalem, 1924-1998) writes that on Shabbat, one should first recite the generic blessing of "Boreh Mineh Besamim" over the questionable plant, and then recite the Berachot over the other two, in order to have the opportunity to recite an additional Beracha. Although we generally discourage unnecessarily putting oneself into a position to recite a Beracha ("Beracha She'ena Sericha"), this is permitted on Shabbat for the purpose of reaching a total of 100 blessings.
Mishnah Berurah - Siman 472: Seif 1-7 סימן תע"ב סעיף א-ז Hilchos Pesach -דיני הסיבה וארבע כוסות Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 471: Seif 1-3 סימן תע"א סעיף א-ג Hilchos Erev Pesach - בערב פסח אחר שעה עשירי' אסור לאכול פת Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 470 Seif 1-3 סימן ת"ע סעיף א-ג Hilchos Erev Pesach - שהבכורות מתענין בערב פסח Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 468: Seif 5 -Siman 469: Seif 1 סימן תס"ח סעיף ה - סימן תס"ט סעיף א Hilchos Pesach - שלא לעשות מלאכה בערב פסח אחר חצות Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
We recite in the morning a special Beracha thanking Hashem for enabling us to wake up refreshed and reinvigorated after a night's sleep – "Ha'ma'abir Hebleh Shena Me'enai U'tnufa Me'af'apai." We then proceed immediately to the "Vi'yhi Rason" prayer, which concludes, "Baruch Ata Hashem Ha'gomel Hasadim Tobim Le'amo Yisrael." The Beracha of "Ha'ma'abir Hebleh Shena" and the subsequent "Vi'yhi Rason" prayer are considered a single, lengthy blessing. Therefore, somebody who hears another person reciting the Beracha of "Ha'ma'abir Hebleh Shena" does not answer "Amen" when that person completes the words "Al Af'apai," because this blessing continues with "Vi'yhi Rason." One answers "Amen" only at the end, after hearing the recitation of "Ha'gomel Hasadim Tobim Le'amo Yisrael." There is a general rule requiring that when a lengthy Beracha is recited, the conclusion must resemble the beginning; meaning, the end of the Beracha must speak of the same theme with which the Beracha opened. At first glance, the lengthy Beracha of "Ha'ma'abir Hebleh Shena" violates this rule, as it begins by speaking of Hashem allowing us to wake up refreshed in the morning, and concludes with the more general statement that Hashem performs kindness for the Jewish People ("Ha'gomel Hasadim Tobim…"). Tosafot, cited by the Bet Yosef, explains that in truth, the beginning and conclusion of this Beracha are indeed the same, only that the Beracha begins with a specific kindness that Hashem performs, and concludes with a general statement about Hashem's kindness. We open this Beracha by mentioning Hashem's restoring our strength and alertness in the morning, and we end by thanking Him for always acting kindly toward us. Further insight into this Beracha may be gleaned from the Midrash Tehillim (25:2), which teaches that Hashem returns our souls to us in the morning in better condition than when we went to sleep. Normally, the Midrash states, when somebody lends an object, he receives it back in slightly worse condition; it experienced at least some degree of-wear and-tear in the borrower's possession. But after we entrust our souls to G-d at night, He cleanses them for us, and returns them to us pure and pristine. This is, indeed, a great act of kindness that we experience each and every morning, warranting the recitation of a special Beracha. The text of this Beracha that appears in the Talmud is written in the singular form ("Me'enai… Me'af'apai," etc.), and this is the text brought by the Rif, Rambam and Rosh. Accordingly, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) and the Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Israel, 1870-1939) ruled that this Beracha should be recited in the singular form. The Ben Ish Hai adds that in the Siddur of the Rashash (Rav Shalom Sharabi, 1720-1777), which was written based on deep Kabbalistic teachings, this Beracha appears in the singular form. By contrast, the Mishna Berura brings several Poskim (the Kenesset Ha'gedola, Magen Abraham and Mateh Yehuda) as stating that this blessing should be recited in the plural form. Hacham Ovadia Yosef, in Halichot Olam, refutes the proofs brought by the Ben Ish Hai, noting that we do not always follow the precise text of Berachot that appears in the Gemara. (For example, we recite the Beracha of "Ha'noten La'sechvi Bina," which appears in the Gemara in past tense – "Asher Natan La'sechvi Bina.") And as for the Siddur of the Rashash, there are different versions of this work, as according to tradition, the original manuscript was buried by the Rashash's son. Therefore, no proof can be brought from the Siddur of the Rashash. Accordingly, Hacham Ovadia ruled that those communities who have the custom to recite this Beracha in the plural form should follow their custom. This was, in the fact, the custom among the Jewish community of Damascus. This is also the practice among Ashkenazim. Most Sepharadim, however, recite this Beracha in the singular form, following the opinion of the Ben Ish Hai and Kaf Ha'haim.
Mishnah Berurah - Siman 468: Seif 1-4 סימן תס"ח סעיף א-ד Hilchos Pesach - שלא לעשות מלאכה בערב פסח אחר חצות Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
One of the Berachot we are required to recite each morning is "She'lo Asani Goy," in which we thank Hashem for making us Jews. We have the great privilege of having been chosen to build a special relationship with G-d, and so the Sages instituted a Beracha to express our gratitude for the gift of being part of G-d's chosen people. There is considerable discussion and debate among the Poskim as to whether this text of the Beracha is indeed the correct text. The Zecher Yehosef (Rav Yosef Zecharya Stern, 1831-1903) noted that the term "Goy" – which means "nation" – is used even in reference to the Jewish People, as in the verse in Dibreh Hayamim I 17:21), "U'mi Ke'amcha Yisrael Goy Ehad Ba'aretz" ("And who is like Your nation, Israel, a singular nation on earth"). Accordingly, the Zecher Yehosef claims that the wording of this blessing was changed by the Church to "Goy" so that it would not be offensive to Christians. The Shulhan Aruch Ha'Rav (Rav Schneur Zalman of Liadi, founding Rebbe of Lubavitch, 1745-1812), among others, maintained that the proper text for this Beracha is "She'lo Asani Nochri," substituting the word "Goy" with "Nochri," which means "gentile." The Zecher Yehosef disagreed with this practice, arguing that the word "Nochri" technically means "foreigner," referring even to somebody from a different family or land, and does not necessarily refer to non-Jews. It is reported that the Hafetz Haim (Rav Yisrael Meir Kagan of Radin, 1839-1933) recited this Beracha as "She'lo Asani Obed Kochabim U'mazalot" – specifying that we are not worshippers of foreign deities. Others, however, dismissed this opinion, noting that there are many gentiles who do not worship foreign deities, and we are thankful also for not being among them, for being part of the Jewish Nation. In any event, common practice is to recite the text "She'lo Asani Goy." The explanation might be that although the Jewish People collectively is sometimes called a "Goy," this term used in the context of an individual refers specifically to a gentile. Hence, when we say "She'lo Asani Goy," we mean that Hashem did not make us a non-Jew. The Sedeh Hemed (Rav Haim Hizkiya Medini, 1834-1904) recited the text "She'lo Asani Goy Ke'goyeh Ha'arasot" – "who did not make me a 'Goy' like the nations of the other lands," in order to specify foreign nations. This is not the commonly accepted practice, though one certainly may recite this text, for even if the phrase "She'lo Asani Goy" is correct, adding the words "Ke'goyeh Ha'arasot" does not undermine the Beracha's legitimacy. The Bayit Hadash (Rav Yoel Sirkis, Poland, 1561-1640) raises the question of why this blessing is formulated in the negative form, thanking Hashem for not making us gentiles, rather than thanking Hashem for making us Jewish. One answer, as the Bayit Hadash brings, is based on the Gemara's sobering comment in Masechet Erubin (13), "No'ah Lo La'adam She'lo Nibra Yoter Mi'she'nibra" – "It would have been preferable for a person not to have been created, rather than to have been created." As life presents us with so many opportunities for failure, a person would have been better off having never been brought into this world. As such, it would be incorrect to thank Hashem for "making us" a certain way. The Bayit Hadash rejects this explanation, and suggests a different answer – that if we said "She'asani Yisrael," thanking Hashem for creating us as Jews, we would then be unable to recite the next two blessings – thanking Hashem for not making us a servant ("She'lo Asani Abed") and for not making us a woman "(She'lo Asani Isha"). The term "Yisrael" implies a free, Jewish man, and thus includes the next two Berachot. Hence, the Sages formulated this blessing in the negative form – "She'lo Asani Goy," so that we would be able to recite two additional blessings thanking Hashem for our freedom and for making us male. The Taz (Rav David Segal, 1586-1667) suggests a different answer, explaining that the text "She'asani Yisrael" would give the mistaken impression that only Jewish males have value and significance. Although we are thankful for being Jewish and for being male, we certainly do not believe that those who aren't Jewish, or Jewish women, are unimportant or do not have crucial roles to play in the world. For this reason, the Sages chose not to formulate the blessing as "She'asani Yisrael," and chose the negative form, instead. The Poskim debate the question of whether a Ger (convert) recites this blessing. The Rama (Rav Moshe Isserles, Poland, 1530-1572) maintained that a convert does not recite this Beracha, since he cannot say that Hashem made him a Jew, as he was born a gentile. The Bayit Hadash understood the Rama to mean that a Ger recites instead, "She'asani Yehudi" – "who has made me a Jew." However, the Bayit Hadash disputes this opinion, arguing that it was the convert himself, and not G-d, who turn him into a Jew, as he was born a gentile and then made the decision to become a Jew. Hacham Bension Abba Shaul (Jerusalem, 1924-1998) refutes this challenge, noting that Hashem enabled the convert to become Jewish by establishing the process of conversion. It is thus indeed appropriate for a convert to thank Hashem for "making" him a Jew by making conversion a possibility and assisting him along this process. A different view is brought by the Magen Abraham (Rav Abraham Gombiner, 1633-1683) – that a convert should recite the Beracha "She'asani Ger" – "who made me a convert." The verb "A.S.A." ("make") refers to the motivation to convert, as evidenced by the verse in the Book of Bereshit (12:5), "Ve'et Ha'nefesh Asher Asu Be'Haran" ("and the souls which they made in Haran"), which refers to the idolaters whom Abraham and Sara influenced to convert to monotheism. Others suggested that a Ger should recite the blessing, "She'hichnisani Tahat Kanfeh Ha'shechina" – "who has brought me under the wings of the Shechina," which refers to the process of joining the Jewish Nation. Others maintained that a Ger recites the standard Beracha of "She'lo Asani Goy," because he thanks Hashem for the fact that he is now a Jew. According to Kabbalah, this blessing thanks Hashem for restoring our Jewish soul in the morning, and this is relevant also to converts. Hence, according to this opinion, converts recite the same text as those who were born Jewish. In practice, however, the Hida (Rav Haim Yosef David Azulai, 1724-1806) maintained that a convert should not recite "She'lo Asani Goy" or any variation thereof, noting that the Bet Yosef appears to concur with this ruling. Later Poskim also noted that given the differences of opinion on this subject, we apply the famous rule of "Safek Berachot Le'hakel" – that we do not recite a Beracha when it is uncertain whether it is warranted. Instead, a convert should recite "Baruch Ata She'lo Asani Goy," omitting Hashem's Name. If a woman converted to Judaism while she was pregnant, it is uncertain whether the child has the status of a gentile or of a regular Jew. The child in this case was conceived when the mother was a gentile, but was delivered after she became a Jew, and it is questionable whether the child's status is determined at conception or at birth. Therefore, this child when he grows up should not recite the Beracha of "She'lo Asani Goy," given the different opinions that exist. All opinions agree that a convert recites the Beracha of "She'lo Asani Abed" and (in the case of a male convert) the Beracha of "She'lo Asani Isha." The Mishna Berura explains that a convert must thank Hashem for having been given the opportunity to be free and to be a man, an opportunity which he would not have had if he had been born as a servant or a woman. These three Berachot – "She'lo Asani Goy," "She'lo Asani Abed," and "She'lo Asani Isha" – are to be recited in this sequence. One first thanks Hashem for making him a Jew, then for making him a free person, as opposed to a slave, and then for making him male. A gentile, of course, is not bound by the Torah's commands at all, whereas a servant has already begun the process of becoming a Jew, and is obligated in some Misvot. And a woman, of course, is a full-fledged Jew, though with fewer Misva obligations then men. These three Berachot, then, follow a specific sequence, proceeding gradually from more general to more specific. The Magen Abraham ruled that if a person recited these Berachot out of order – reciting "She'lo Asani Isha" first – then he can no longer recite the other two blessings. The Beracha of "She'lo Asani Isha," as mentioned, is the most specific, and it thus naturally includes the other two. Meaning, once a person thanks Hashem for making him a man with numerous Misva opportunities, he in effect thanks Hashem also for not making him a gentile – who has no Misva obligations – or a servant – who has relatively few Misva obligations. This resembles the situation addressed by the Poskim where a person recited the Beracha of "Zokef Kefufim" – thanking Hashem for the ability to stand up straight – before reciting the Beracha of "Matir Asurim," which thanks Hashem for the ability to move our limbs. According to some opinions, the person in this case can then not recite "Matur Asurim," because the ability to move our limbs is included in the ability to stand up straight. (This is, in fact, the Halacha.) By the same token, the Magen Abraham writes, a person who recited "She'lo Asani Isha" before reciting "She'lo Asani Goy" and "She'lo Asani Abed" does not then recite those two blessings. However, the Mishna Berura cites the Elya Rabba (Rav Eliyahu Shapira, Prague, 1660-1712) as disagreeing with this ruling, and maintaining that the Berachot of "She'lo Asani Goy" and "She'lo Asani Abed" may be recited even after "She'lo Asani Isha." The Taz explains that the Beracha of "She'lo Asani Isha" does not necessarily cover the other two blessings, because a servant and a gentile have certain advantages over a Jewish woman, in that they have the possibility of becoming a full-fledged Jewish male. Therefore, even after reciting "She'lo Asani Isha," one still has reason to thank Hashem for not making him a servant or a gentile. Hacham Ovadia Yosef, in Halichot Olam, cites a large number of Poskim who follow this second opinion, that "She'lo Asani Goy" and "She'lo Asani Abed" may be recited after "She'lo Asani Isha." (These include the Elya Rabba, the Taz, the Peri Hadash, the Mateh Yehuda, the Shulhan Aruch Ha'Rav, the Peri Megadim, Rabbi Akiva Eger and the Shalmeh Sibur.) Therefore, as this is clearly the consensus view, this opinion should be followed, and one who mistakenly recited "She'lo Asani Isha" before "She'lo Asani Goy" and "She'lo Asani Abed" may still recite those two Berachot. Summary: A Ger (convert), who was not born Jewish, should not recite the full text of the Beracha of "She'lo Asani Goy," and should recite instead, "Baruch Ata She'lo Asani Goy," omitting Hashem's Name. The Berachot of "She'lo Asani Goy," "She'lo Asani Abed" and "She'lo Asani Isha" should be recited in that specific sequence. Nevertheless, if one recited one of the later blessings first, he still recites the others.
Mishnah Berurah - Siman 467: Seif 15-16 סימן תס"ז סעיף טו-טז Hilchos Pesach - דין חטים שנפל עליהם מים ותבשיל שנמצא בתוכה חטה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 467: Seif 13-14 סימן תס"ז סעיף יג-יד Hilchos Matzos - דין חטים שנפל עליהם מים ותבשיל שנמצא בתוכה חטה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 467: Seif 2 סימן תס"ז סעיף יב Hilchos Pesach - דין חטים שנפל עליהם מים ותבשיל שנמצא בתוכה חטה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 467: Seif 10-11 סימן תס"ז סעיף י-יא Hilchos Pesach - דין חטים שנפל עליהם מים ותבשיל שנמצא בתוכה חטה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 468: Seif 5 - Siman 469: Seif 1 סימן תס"ח סעיף ה - סימן תס"ט סעיף א Hilchos Pesach - שלא לעשות מלאכה בערב פסח אחר חצות Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 467: Seif 8B-9 סימן תס"ז סעיף ח-ט Hilchos Pesach - דין חטים שנפל עליהם מים ותבשיל שנמצא בתוכה חטה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 467: Seif 5-8A סימן תס"ז סעיף ה-ח Hilchos Pesach - דין חטים שנפל עליהם מים ותבשיל שנמצא בתוכה חטה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 467: Seif 2-4 סימן תס"ז סעיף ב-ד Hilchos Pesach - דין חטים שנפל עליהם מים ותבשיל שנמצא בתוכה חטה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 466: Seif 5 - Siman 467: Seif 1 סימן תס"ו סעיף ה - סימן תס"ז סעיף א Hilchos Pesach - אם הרוק ומי רגלים ודומיו מחמיצים Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 467: Seif 13-14 סימן תס"ז סעיף יג-יד Hilchos Pesach - דין חטים שנפל עליהם מים ותבשיל שנמצא בתוכה חטה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 466: Seif 3-4 סימן תס"ו סעיף ג-ד Hilchos Pesach - אם הרוק ומי רגלים ודומיו מחמיצים Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 465: Seif 2 - Siman 466: Seif 2 סימן תס"ה סעיף ב - סימן תס"ו סעיף ב Hilchos Pesach - דיני מורסן בפסח Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 463: Seif 3 - Siman 465: Seif 1 סימן תס"ג סעיף ג - סימן תס"ה סעיף א Hilchos Matzos - אם מותר לחרוך שני שבלים יחד ודיני כרמל Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 462: Seif 7 - Siman 463: Seif 2 סימן תס"ב סעיף ז - סימן תס"ג סעיף ב Hilchos Matzos - דין מי פירות אם מחמיצין Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 462: Seif 4-6 סימן תס"ב סעיף ד-ו Hilchos Matzos - דין מי פירות אם מחמיצין Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
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."
Mishnah Berurah - Siman 462: Seif 1-3 סימן תס"ב סעיף א-ג Hilchos Matzos - דין מי פירות אם מחמיצין Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 461: Seif 5 סימן תס"א סעיף ה Hilchos Matzos - דיני אפיית המצה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 461: Seif 3-4 סימן תס"א סעיף ג-ד Hilchos Matzos - דיני אפיית המצה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 461: Seif 1-2 סימן תס"א סעיף א-ב Hilchos Matzos - דיני אפיית המצה Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 460: Seif 4-7 סימן ת"ס סעיף ד-ז Hilchos Matzos - דיני מצת המצות Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Mishnah Berurah - Siman 460: Seif 1-3 סימן ת"ס סעיף א-ג Hilchos Matzos - דיני מצת המצות Rabbi Mordechai Fishman Purchase The Laws and Customs of Krias HaTorah, by Rabbi Mordechai Fishman here: www.kriashatorah.com www.orachchaim.com For sponsorship opportunities contact: www.rabbifishman.com or email: rabbifishman@gmail.com #mishna berura
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
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.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
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.
In this episode, we explore the halachic principles surrounding temporary structures on Shabbat—specifically tents, curtains, and bed canopies. The discussion focuses on when it is permitted to erect or dismantle these structures, how elements like cords and a handbreadth-sized "roof" factor into permissibility, and whether everyday items like blankets can pose a halachic issue. Clear guidance is drawn from the Mishna Berura, Shulchan Aruch, and other key sources, offering practical insight into common Shabbat questions.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
Can One Respond to Amen, Kaddish, or Kedusha While Putting on Tefillin—And What If He Already Did? One of the most common halachic dilemmas in the morning prayer is what to do when someone is putting on Tefillin and hears Kaddish , Kedusha , or a Beracha . Can he respond out loud? Should he listen silently? Or must he remain completely passive until finishing the Tefillin? This question centers on the concern of interrupting between the Tefillin Shel Yad and the Tefillin Shel Rosh . As discussed earlier, any Hefsek (interruption) between the two parts of the Misva may require repeating the Beracha . The situation becomes more complicated when the interruption is not mundane speech but a holy response , such as saying "Amen" or "Yehe Shemeh Rabba." The Strict View: No Interruptions, Even for Holy Words Maran in Shulhan Aruch (O.H. 25:9) rules that one may not speak at all between the Tefillin Shel Yad and Shel Rosh—even to respond "Amen" or to say "Kadosh, Kadosh, Kadosh." This is the view of the Rosh , cited in the Mordechi , who maintains that these responses still count as interruptions because the person has already started one Misva and must complete it without pause. Following this view, one should not respond to Kaddish or Kedusha between the two Tefillin. Even though these responses are important, the Misva of Tefillin is in progress and must not be interrupted. The Ben Ish Hai (Parashat Vayera, Halacha 8) agrees and writes that although it is painful to miss answering Kedusha, it is more important to complete the Tefillin properly. He explains that the person should simply pause silently , listen attentively, and intend to fulfill the Misva through listening ( Shome'a Ke'Oneh ). This ruling is widely accepted by Sephardic authorities , including Hacham Ovadia Yosef ( Yabia Omer vol. 1 and Halichot Olam ). A Middle Opinion: Listen Without Answering According to the middle-ground opinion, a person who hears Kaddish or Kedusha while wrapping Tefillin should stop what he's doing , listen silently, and fulfill the obligation through listening alone . This is based on the rule of Shome'a Ke'Oneh — "the listener is as one who recites." However, some Aharonim raise a concern: If listening is equivalent to speaking, then isn't that also an interruption? Not necessarily. The logic is that Shome'a Ke'Oneh does not require active speech , and therefore it does not violate the condition of silence between the Tefillin Shel Yad and Shel Rosh. This is the approach of the Magen Avraham and is mentioned by the Hida in Birkei Yosef . It is considered the ideal practice when caught in this situation: stop, listen quietly, and do not speak . Still, this only works if the person saying Kaddish or the Beracha has proper intent to fulfill others' obligation. If he's just reciting the words by rote and not thinking about others listening, Shome'a Ke'Oneh might not apply—especially for a Tefillah like Kaddish, where communal intent is crucial. Therefore, Maran Ha'Hida and later Hacham Ben Sion Abba Shaul note that if one is unsure whether the Hazan is a learned person with kavana, it's better not to stop to listen , and just continue putting on the Tefillin. The Lenient View: If You Answered, You're Still Covered What if someone did answer "Amen," "Yehe Shemeh Rabba," or another phrase during the Tefillin process? According to most Sephardic authorities, although one should not have answered, if he did, he does not repeat the Beracha . This follows the principle of Safek Berachot Le'hakel —when there is doubt about whether a Beracha must be repeated, we err on the side of caution and do not say Hashem's name again unnecessarily. This view is stated clearly by the Ben Ish Hai and Kaf Ha'Haim , and is upheld by Hacham Ovadia Yosef. Even though answering was improper, the holiness of the response and the minimal nature of the interruption make it insufficient to require a new Beracha. However, some Ashkenazic authorities (such as the Mishna Berura citing the Eliyahu Rabba ) are stricter. They hold that if one answered anything between the Tefillin Shel Yad and Shel Rosh, he must repeat the Beracha for the Shel Rosh. Sephardim do not follow this opinion . Best Practice: Anticipate and Avoid the Situation If a person sees that Kaddish or Kedusha is about to begin , and he hasn't started donning Tefillin yet, he should wait a moment and delay putting them on. It is better to fulfill both Misvot properly —answering Kaddish and wrapping Tefillin—than to get caught between them and risk an interruption. If he's already started wrapping the Shel Yad, he should proceed without interruption and miss answering Kaddish if necessary. Summary: Do not speak between the Tefillin Shel Yad and Shel Rosh—not even to answer Amen or Kaddish. If caught in the middle, stop silently and listen ( Shome'a Ke'Oneh )—but only if the Hazan has intent to fulfill others' obligation. If one did answer , most Sephardic Poskim say he should not repeat the Beracha , though it is discouraged. Best of all is to time your Tefillin placement so that you are not mid-wrap when Kaddish or Kedusha begins.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
When Does Speaking Between the Arm and Head Tefillin Require Repeating the Beracha? A fundamental rule in Halacha is that one should not interrupt between related stages of a single Misva. With regard to Tefillin, once a person recites the Beracha of "Lehani'ah Tefillin" and places the Shel Yad , he must immediately proceed to place the Shel Rosh , without any interruptions in between. Any unnecessary pause—especially speech —is considered a Hefsek (interruption), and in certain cases, it invalidates the initial Beracha. This is the ruling of Maran in the Shulhan Aruch (O.H. 25:9), which states: "One should not speak between the donning of the Shel Yad and the Shel Rosh. If he did speak, he must recite another Beracha on the Shel Rosh." This ruling is rooted in the Gemara (Menahot 36a), which teaches that both Tefillin are part of one extended Misva. The Beracha on the Shel Yad is intended to cover both the arm and head Tefillin —provided no interruption occurs. Speaking, therefore, severs this connection and requires a new Beracha. What Type of Speech Counts as an Interruption? Not all speech is treated equally. Halacha distinguishes between: Speech unrelated to the Misva (e.g., "How are you today?" or "Did the Yankees win?") — This is considered a clear Hefsek. One must repeat the Beracha , saying "Al Misvat Tefillin" before placing the Shel Rosh. Speech related to the Misva (e.g., "Pass me my Tefillin Shel Rosh," or "I need to adjust the knot") — This is discouraged , but it is not considered a full interruption. A new Beracha is not required , though one should avoid such speech whenever possible. The Ben Ish Hai (Parashat Vayera, 7) writes strongly against any talking, even related to the Misva, and encourages placing both Tefillin with total focus and silence. Nonetheless, he rules that speech about the Tefillin does not invalidate the Beracha. The Mishna Berura (25:36) clarifies that even a brief word or short phrase—if not directly related to Tefillin—is sufficient to be called a Hefsek and require a new Beracha. What About Gestures, Movement, or Sounds? Actions such as gesturing, nodding, or pointing are not considered interruptions , since the mouth remains silent and the Beracha is not disconnected from the Misva. Similarly, clearing the throat or making an involuntary sound does not constitute a Hefsek. Even so, some opinions advise avoiding all forms of distraction—verbal or physical—between Shel Yad and Shel Rosh in order to maintain the full sanctity of the process. What If One Began Another Beracha by Mistake? Another case that often arises is when someone begins saying a Beracha by habit or mistake. For example, after placing the Shel Yad, he begins, "Baruch Ata…," thinking he needs to recite a Beracha before the Shel Rosh. If he says "Baruch Ata…" but stops before saying Hashem's Name , he should immediately stop and not complete the Beracha . This is not considered a Hefsek. If he says "Baruch Ata Hashem…" but realizes the mistake mid-sentence, he should conclude the phrase with "Lamdeni Hukecha" , a verse from Tehillim (119:12), which turns the phrase into a pasuk and avoids a Beracha Levatala. If he completes a full, unrelated Beracha—such as "Shehakol" or "Asher Yasar" —he has certainly interrupted and must repeat the Beracha for Tefillin . This case is discussed in the Ben Ish Hai and the Mishna Berura , and the solution of "Lamdeni Hukecha" is accepted by both Ashkenazim and Sephardim. Summary: No speech is allowed between Tefillin Shel Yad and Shel Rosh. If one speaks unrelated words , he must repeat the Beracha , saying "Al Misvat Tefillin" for the Shel Rosh. If the speech is related to the Misva , no new Beracha is needed, but it is still discouraged. Gestures or movements are not considered interruptions. If one starts a Beracha by mistake , he should either stop immediately or redirect it to a pasuk if Hashem's Name was already mentioned. Remaining silent between the two Tefillin ensures a smooth and spiritually complete fulfillment of this daily Misva.
In this in-depth episode, we explore the complex halachic questions surrounding the opening of food packaging on Shabbos. Drawing from the Shulchan Aruch, Mishna Berura, Chazon Ish, Rav Moshe Feinstein, and other major poskim, we break down the core prohibitions of Boneh (building), Soser (destruction), and Makeh B'Patish (final hammer blow) as they apply to modern containers.Should you open a cereal box on Shabbos? What about a bottle cap or yogurt lid? What's the difference between disposable and reusable packaging? Learn the practical guidelines, chumras, and leniencies, and understand why opening packaging before Shabbos is strongly advised. A must-listen for anyone seeking to keep Shabbos carefully and confidently in the modern kitchen.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
Should One Leave the House Already Wearing Talet and Tefillin, and Is This Practically Required Today? The Zohar HaKadosh places profound spiritual significance on the act of leaving one's home in the morning already wearing Talet and Tefillin. This is not merely about preparation for prayer—it is a sacred moment that opens the door to unique spiritual protection and Divine pride. The Zohar describes that when a Jew exits his home dressed in Tefillin on the head and arm and Talet on his shoulders, four ministering angels accompany and protect him. These angels declare to all that this person is bearing the image of the King, and Hashem Himself makes an announcement in the upper worlds praising this individual. It is likened to a father publicly celebrating his child's achievements—Hashem says, "Look at My son!" ( Zohar Parashat Terumah , cited in Kaf HaHaim, Ben Ish Hai, and others). Despite the strength of these sources, the widespread practice today is that most people do not fulfill this halacha. Sephardic Poskim such as the Ben Ish Hai, Kaf HaHaim, and Hida all reinforce the Zohar's stance, yet even they acknowledge that the practice has fallen into neglect. Rabbi Eli Mansour notes that attempts to justify this neglect—such as concerns about passing filth or improperly dressed individuals—are not strong in most modern contexts. People often drive from their homes directly to shul in clean environments, especially in the early hours when streets are empty. So why don't people do it? Mostly, it's due to convenience and habit. Many keep their Tefillin in shul lockers and would need to bring them home daily to fulfill this practice. It requires a lifestyle change: bringing the Koracha home each day, preparing at home before leaving, and possibly returning it afterward. For those going straight to work from shul, that adds an extra logistical layer. Still, Rabbi Mansour encourages individuals to consider incorporating this practice even once in a while. Even partial observance of a mitzvah with such reward is spiritually worthwhile. What If It's Too Early to Wear Tefillin? One valid exemption arises when a person goes to shul before the earliest time to wear Tefillin (such as Alot HaShahar). According to Hacham Yaakov Hillel in VaYashov HaYam , and as explained by Rabbi Mansour, a person in this case is not obligated to wait at home until the proper time. Rather, it is better to go to the synagogue, learn Torah, and then put on Tefillin when the time arrives. There is no obligation to return home later just to fulfill this Zoharic custom. Rav Hillel adds that one who stays in the synagogue for tefillah and is among the first ten participants (the "Asarah Rishonim") is also fulfilling a great mitzvah that may even override the practice of leaving home with Tefillin. Some rabbis, like Hacham Yehuda Sadka, would go home and return, but this is not a practical expectation for most people and is viewed as an act of personal stringency rather than normative halacha. What Are Practical Ways to Fulfill This Today? For those who feel uncomfortable or find it difficult to wear Talet and Tefillin outside the home, halachic sources offer creative and doable solutions: Use a discreet setup : Wear a small pair of Tefillin and a Talet that can be worn like a scarf under a jacket. This fulfills the halacha without drawing attention. Keep a second Koracha at home : A small "to-go" set can make this easier and avoid the need to bring your full set back and forth daily. Rely on Talet Katan : According to the Beit Yosef and Spanish Mekubalim, if a person wears Talet Katan and then puts on Tefillin at home—even if not the full Talet Gadol—he may gain some of the spiritual benefit. Change Tefillin in Shul : The Ben Ish Hai permits one to wear a pair of Tefillin at home and then switch to another pair in shul, such as putting on Rashash or Rabbenu Tam after already fulfilling the Zohar's practice. Put on Tefillin in the shul side room : While not the ideal per the Zohar, poskim like the Mishna Berura and Aruch HaShulchan permit putting on Tefillin in a lobby or side room before entering the sanctuary, especially if needed to avoid embarrassment or external discomfort. Importantly, one must also apply judgment. The halacha does not encourage making a spectacle of oneself. If wearing Tefillin publicly might cause mockery or suspicion, it may be better not to do so. Even if one's intentions are noble, doing something that is widely misunderstood—like walking outside with Tefillin at 8 a.m.—may result in Chillul Hashem rather than Kiddush Hashem. Does This Apply on Shabbat? On Shabbat, Tefillin are not worn. The question arises: must one still leave the house wearing a Talet on Shabbat? The majority of poskim, including Kaf HaHaim and others, hold that this requirement does not apply on Shabbat. The Zohar's emphasis is on Tefillin. Since they are not worn on Shabbat, the associated practice of leaving the house dressed for tefillah is also not required. Therefore, one may go to synagogue in regular clothing and put on the Talet there without issue. However, the Ben Ish Hai writes that since most people wear Talet Katan on Shabbat anyway, the practice is partially fulfilled. According to his view, one who does not wear Talet Katan might consider putting on the Talet Gadol before leaving the house. Still, this is not a widespread custom and is not mandated. Summary: The practice of leaving one's house wearing Talet and Tefillin is highly praised by the Zohar and Sephardic Poskim and is said to bring angelic protection and Divine honor. While not widely followed today, there are few valid excuses to avoid it entirely in modern cities. Those who come to shul before the proper time for Tefillin are exempt and should not delay Torah learning to fulfill the Zoharic ideal. Still, one should strive to observe this practice occasionally using any of several halachically acceptable solutions. It does not apply on Shabbat. Overall, this is a beautiful opportunity for spiritual elevation—one that can be embraced incrementally and with wisdom.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
Maran writes in Shulhan Aruch (Orah Haim 4) that one must ensure not to touch a vat of beer in the morning before washing Netilat Yadayim, as doing so could cause one to lose the beer. The Mishna Berura (Rav Yisrael Meir Kagan, 1839-1933) explains that since there is Tum'a (impurity) on one's hands when he wakes up in the morning, touching food can cause it to become Tameh, which can have detrimental effects. One must therefore avoid touching food before washing his hands in the morning. The Halachic authorities write that if one did touch food before washing his hands in the morning, he should put it under water three times, and then it may be eaten. This applies even to vegetables that one normally peels, like cucumbers. Despite the fact that one touched only the peel, which in any event will be removed, the vegetable must be rinsed three times before it is eaten. Some writers raised the question of why this method of eliminating Tum'a does not work in the case of garlic that was left without its peel overnight. The garlic in this case should not be eaten, as it contracts Tum'a overnight, and the Poskim do not offer the solution of rinsing the garlic the three times. The work Arsot Haim explains that one cannot compare different forms of Tum'a and evil spirits. A method that is effective for eliminating one kind of Tum'a is not necessarily effective with regard to a different kind, and thus although a food that has been touched before Netilat Yadayim may be rinsed and eaten, this solution cannot be used in the case of garlic that had been left overnight without its peel. The Mishna Berura writes that one should also refrain from smelling tobacco snuff before washing Netilat Yadayim in the morning, for two reasons: 1) he causes the snuff to become Tameh by touching it; 2) smelling snuff involves touching the nostril, and it is forbidden to touch the openings of one's body before washing Netilat Yadayim. Summary: One should ensure not to touch any food or drink before washing his hands in the morning. If he did touch food before washing his hands, he should wash it three times and it may then be eaten.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
The Hid"a (Rav Haim Yosef David Azulai, 1724-1806), in his work Abodat Ha'kodesh (listen to audio recording for precise citation), writes that one must make a special effort on Shabuot morning, after staying awake through the night, to pray properly. Many people tend to doze during the prayer service on Shabuot morning, such that they do not recite the words properly, skip sections of the service, and certainly do not concentrate on the meaning of the words. The Hid"a writes that "Yasa Secharam Be'hefsedam" – these people lose their reward for learning throughout the night by failing to pray properly in the morning. After staying awake studying Torah throughout the night, one must make an effort to remain fully awake and alert during the prayer service on Shabuot morning so he can pray properly. It should be noted that the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) viewed the period of Sefirat Ha'omer as an extended Tikkun ("repair" of spiritual imperfections in the upper worlds) that begins on the second night of Pesah and reaches its culmination in the Musaf prayer on the first day of Shabuot. Accordingly, the Shaharit and Musaf prayers on Shabuot morning are laden with spiritual significance, and it is critical for one to recite these prayers properly. One who sleeps through these prayers, or does not recite them as he should, runs the risk of forfeiting the spiritual achievements of the entire Omer period. Therefore, it is critical after staying awake on Shabuot morning to muster all one's strength to pray properly on Shabuot morning. One who suspects that he will be unable to remain awake and alert through the end of the Musaf prayer should recite Shema and then take a nap. It is preferable to complete the prayer service later, after sleeping and rejuvenating oneself, than to risk dozing during the Tefila. When is the earliest time for reciting Shaharit on Shabuot morning? Generally speaking, one should not recite the Amida prayer of Shaharit before sunrise (Netz Ha'hama). On Shabuot morning, however, some authorities permit congregations to begin the Amida before sunrise. Since it is very difficult for people to pray properly after remaining awake throughout the night, there were some who held that the prayer may be recited earlier to help ensure that everyone will be able to properly pray the entire service. This is the ruling of the Peri Megadim (492) and the Mishna Berura (89:1, and in Sha'ar Ha'siyun 5). There are many congregations that nevertheless ensure to wait until sunrise before beginning the Amida on Shabuot morning, and though this is certainly an admirable custom, those who pray the Amida before sunrise certainly have authorities on whom to rely. Indeed, the practice of Hacham Baruch Ben Haim was to pray the Amida before sunrise on Shabuot morning, and, as mentioned, this practice is perfectly acceptable. This is the ruling of Rabbi Karp in his work Hilchot Hag Be'hag (p. 132; listen to audio recording for precise citation). It should be noted that congregations that recite the Amida before sunrise on Shabuot morning must ensure not to recite Shema before the earliest time for Shema, which occurs approximately 10-15 minutes after dawn. (Generally, however, by the time these congregations reach the Shema prayer, that time has already passed.) Summary: One must make a special effort to remain awake and alert throughout the prayer service on Shabuot morning after remaining awake through the night. If one suspects that he will be unable to remain awake and pray properly throughout the service, it is preferable to recite Shema, take a nap, and then complete the prayer service properly. Although the Amida of Shaharit generally should not be recited before sunrise, some congregations have the custom of reciting the Amida on Shabuot morning before sunrise in consideration of the difficulty entailed in remaining awake and alert throughout the prayer service. This is certainly an acceptable practice.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
It is standard medical procedure for expectant mothers to undergo periodic ultrasound examinations, during which the physicians see the fetus so it can be carefully examined to ensure it is developing properly. During this examination, the doctor can easily identify the fetus' gender, and doctors generally pass on this information to the parents. The question arises whether it is proper, from a Torah perspective, for the parents to learn the fetus' gender during pregnancy. The Torah commands, "Tamim Tiheyeh Im Hashem Elokecha" ("You shall be innocent with Hashem your G-d" – Debarim 18:13), which is understood as an obligation not to concern ourselves with the future, to conduct ourselves the way we see fit, placing our trust in Hashem, without trying to access information about the future. Does finding out a fetus' gender violate this principle? We do not find any clear-cut basis in Halachic literature to forbid such a practice, and it would appear that learning a fetus' gender does not indicate a lack of faith in G-d or an inappropriate attempt to access information about the future. There is, however, one interesting passage in the Midrash which perhaps leads us to discourage this practice. The Midrash (Kohelet Rabba) lists several pieces of information which G-d withheld from human beings. For example, nobody knows when he will leave this world, and, quite obviously, G-d arranged this intentionally so that we will always conduct ourselves properly, rather than wait and repent shortly before we die. As we do not know when we will leave this world, we have no choice but to approach every day as potentially our last, and conduct ourselves accordingly. The Midrash also includes in this list the thoughts of other people. G-d does not empower us to read other people's minds, because if people could access each other's thoughts, the world would be overrun by animosity. The Midrash lists a fetus' gender as one of the pieces of information which G-d withholds from us. No reason is given, but we can reasonably assume that if the Midrash includes a fetus' gender in this list, there must be a valuable reason for this information to be denied to us. Perhaps, if the mother was hoping for one gender, then knowing that the infant is the other gender could cause her distress, which might be detrimental to the child. Or, perhaps to the contrary, knowing the gender during pregnancy diminishes from the excitement when the baby is born. In any event, the Midrash clearly indicates that it is for our benefit that G-d conceals from parents their child's gender during pregnancy. While this Midrash certainly does not suffice to establish a Halachic prohibition against finding out a fetus' gender, it would seem that this is something which should be discouraged, unless there is a particular reason to obtain this information. In some situations, the parents need to know ahead of time whether a Berit Mila must be arranged, and there might be circumstances where for purposes of Shalom Bayit (harmony between husband and wife) this information is valuable. When such a need arises, it is certainly acceptable to be told the gender, as this does not violate any Halachic prohibition. We should add that if the father is a Kohen, there might actually be value in the parents' finding out the fetus' gender. The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) addresses the question of whether a woman who is married to a Kohen may come in contact with Tum'at Met (the impurity generated by a human corpse) during pregnancy, such as by visiting a cemetery or entering a home where a corpse is present. All male Kohanim, including infants, are included in the prohibition which forbids Kohanim from coming in contact with Tum'at Met, and the question thus arises as to whether a pregnant wife of a Kohen should avoid Tum'at Met, in case she gives birth. The Mishna Berura rules that this is permissible, because it is a situation of "Sefek Sefeka" – where two uncertainties are involved. First, it is uncertain whether the fetus is a boy, who is forbidden from coming in contact with Tum'at Met, or a girl, who is not forbidden. Second, it is possible that the infant will be stillborn, Heaven forbid, in which case, of course, there is no prohibition. On this basis, the Mishna Berura permits the pregnant wife of a Kohen to go to a place where there is a human corpse. However, in a situation where Halacha permits something because of a "Sefek Sefeka," if it becomes possible to resolve one of the uncertainties, there is an obligation to do. Therefore, in the case of a wife of a Kohen who is pregnant, there is value in determining the gender in order to resolve the first uncertainty. Then, if she is carrying a boy, she would be required to avoid exposure to Tum'at Met, and if it is a girl, this would not be necessary. It should be noted that the Magen Abraham (Rav Abraham Gombiner, 1633-1683) maintained that the pregnant woman in any event would be permitted to go to a place where there is Tum'at Met, because the prohibition does not apply in such a case. Therefore, in consideration of this opinion, we would not go so far as to require a Kohen's pregnant wife to determine the child's gender. (Parenthetically, we should note that a Kohen's wife is certainly allowed to go to a hospital to deliver the child, despite the high probability that there is a human corpse in the hospital, because this is a situation of Pikua'h Nefesh – a potentially life-threatening circumstance. Additionally, the spread of Tum'a from one room to another and one floor to another in the hospital likely occurs only Mi'de'rabbanan (on the level of Rabbinic enactment), such that there is greater room for leniency.) Summary: There is no Halachic prohibition against finding out a fetus' gender during pregnancy, though it is preferable not to, unless there is a particular need, or if not knowing could compromise Shalom Bayit. If the father is a Kohen, it might, according to some opinions, be preferable to find out the gender, so that the mother will avoid places of Tum'at Met if it's a boy, and will not have to avoid such places if it is a girl. If the couple does not know the gender, the woman is nevertheless allowed to visit places where there is Tum'at Met.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
There is a widely-accepted, time-honored custom to light candle in memory of a loved one, or of a Sadik, during the Shiba mourning period, and each year on the Yahrtzeit. Although this practice is not mentioned explicitly anywhere in the Talmud, it might be alluded to in two places. First, the Gemara relates that before Rebbi (Rabbi Yehuda Ha'nasi) passed away, he gave his sons a number of instructions, one of which was that there should be a candle lit by his place. Rashi explains that Rebbi's soul returned to his home every Friday night to be with his wife, ad so he asked that there would be a candle lit by his place in honor of Shabbat. But the Yabetz (Rav Yaakob Emden, Germany, 1697-1776) suggests that this might be a basis for the custom to light a candle in honor of one's deceased parent, as Rebbi's instruction could be understood to mean that he wanted his children to light a candle in his honor. Another possible source is the Gemara's discussion in Masechet Berachot (53) of the Beracha "Boreh Me'oreh Ha'esh" recited over a flame on Mosa'eh Shabbat. The Gemara states that this Beracha may be recited only over a candle that was lit for illumination purposes, as opposed to "Ner Shel Metim" – "the candle of the deceased" – which is lit in honor of the deceased, and not for illumination. This would certainly indicate that there was a practice to light candles in honor of the deceased. However, this might refer only to candles lit around the deceased before burial, as opposed to our practice to light candles during Shiba and on the Yahrtzeit. In the writings of the Rishonim, we find mention of this concept in the Kolbo (by Rav Yehonatan of Lunel, Provence, late 13th-early 14th century), in the section discussing the laws of Yom Kippur. He writes that it is customary to light candles on Ereb Yom Kippur in memory of one's deceased parents. This custom is brought by the Rama (Rav Moshe Isserles, Cracow, 1530-1572) in his glosses to the Shulhan Aruch. The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) writes that even the deceased are, in a sense, judged on Yom Kippur, and so we light candles in their memory as a source of merit for them. What's the explanation of this practice? How does lighting a candle benefit the soul of the deceased? One explanation is that lighting a candle in itself brings no benefit to the deceased, but when candles are lit in the synagogue, this fulfills a Misva which brings merit to the deceased's soul. Generations ago, candles were needed for illumination, and so lighting candles in the synagogue was a very important Misva. Indeed, it was customary years ago for people to donate oil for the lights in the synagogue in merit of a deceased parent. More generally, lighting candles enhances the atmosphere of the synagogue, and this, too, constitutes a Misva which brings merit to the deceased. (Interestingly, one contemporary work suggested that it would be appropriate to donate towards the synagogue's electric bill as a merit for the deceased, just as years ago people would donate oil for the lights.) According to this explanation, the value of lighting candles is only when it is done for a Misva, meaning, when the candles are lit in the synagogue. However, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in his Torah Li'shmah, writes that the lighting itself brings comfort and joy to the soul of the deceased. He explains that a soul is like a candle, and similar entities are attracted to one another. Therefore, when a candle is lit at a place where the soul is present, the soul experiences some degree of enjoyment. However, the Ben Ish Hai emphasizes that this is relevant only in the place where the soul is present – namely, in the deceased's home during the Shiba period, or at the grave. According to the Ben Ish Hai, then, there is no purpose to light a candle in memory of the deceased in his or her home after the Shiba, or even during the Shiba if the mourning is observed somewhere other than the deceased's home. Regardless, the Poskim accorded great importance to this custom. It is mentioned in the major works on mourning (Gesher Ha'haim, Ma'abar Yabok). In fact, the Mishna Berura (261) writes that during the period of Ben Ha'shemashot after sundown on Friday afternoon, when it is permissible to ask a gentile to perform a Melacha (forbidden activity) on one's behalf when there is a great need, one may ask a gentile to light a Yahrtzeit candle. Meaning, if one forgot the light the candle before Shabbat, he may ask a non-Jew to do so during the period of Ben Ha'shemashot, because this is considered a matter of great need. Likewise, Hacham Bension Abba Shaul (Israel, 1924-1998) writes that if one has Yahrtzeit on Yom Tob and forgot to light the candle before Yom Tob, he may light it on Yom Tob (from a preexisting flame). This is considered a significant enough need to permit lighting a candle on Yom Tob. When lighting the candle, the Ben Ish Hai writes, it is proper to declare that the candle is being lit for the "Menuhat Nefesh" ("rest of the soul") or "Iluy Nefesh" ("elevation of the soul") of the deceased, mentioning the deceased's name. It is also proper to give some charity at the time the candle is lit. Some opinions say it is preferable to use oil for this candle, because the word "Shemen" ("oil") has the letters of "Neshama," whereas others say wax should be used, because the letters of the word "Sha'ava" ("wax") represent the verse, "Hakisu Ve'ranenu Shocheneh Afar" – "Awaken and rejoice, those who lie in the earth," the verse which speaks of the resurrection of the dead in the future. Summary: There is a time-honored custom to light a candle in memory of a deceased loved one during the Shiba mourning period, and on the Yahrtzeit. According to one view, the candles are lit in the synagogue as a merit for the deceased, whereas others explain that a candle lit in a place where the deceased's soul is present brings joy and comfort to the soul. Therefore, according to many opinions, the candles should be lit only in the deceased's home during Shiba, at the grave, or in the synagogue.
Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
Is it proper to keep the Tzitzit of one's Tallit Katan inside his clothing, or should he expose them? Twice in his presentation of the laws of Tzitzit (8:11, 24:1), the Shulchan Aruch writes that the Tallit Katan should be worn over one's clothing, so that he sees the Tzitzit at all times and thereby be reminded of the Mitzvot. According to the Shulchan Aruch, the entire garment of the Tallit Katan should be worn over one's outermost garments (like many Chasidim do today). The Mishna Berura (8:26; commentary to the Shulchan Aruch by Rabbi Yisrael Meir Kagan, the "Chafetz Chayim," Lithuania, 1835-1933) strongly condemns the practice of those who tuck the Tzitzit inside their pants, rather than leave them exposed (listen to audio for precise citation). He writes that doing so not only undermines the purpose of Tzitzit – "you shall see them and remember all the commandments of God" (Bamidbar 15:39) – but also denigrates the Mitzva. The Mishna Berura adds that a person who received a garment as a gift from a king would proudly expose it for all to see; all the more so, then, should one make a point of exposing the Tzitzit. Those who conceal them, the Mishna Berura writes, will one day make an accounting for this shameful practice. However, the view of the Arizal (famed Kabbalist, Israel, 1534-1572), as recorded and understood by his student, Rabbi Chayim Vital (Israel-Syria, 1542-1620), and by the Chid"a (Rabbi Chayim Yosef David Azulai, Israel, 1724-1806), was that the Tallit Katan – both the garment and the Tzitzit strings – should not be exposed. Chacham Ovadia Hadaya (Israel, 1890-1969), in his work Yaskil Avdi, cites other Kabbalists who followed this view, as well. Therefore, Sepharadim, who generally follow the laws and customs of the Kabbalists, should keep their Tzitzit tucked into their garments. Chacham Bentzion Abba Shaul Z"L (Jerusalem, 1924-1998) cited his mentor, Chacham Ezra Attia Z"L (head of the renowned Yeshivat Porat Yosef in Jerusalem), as remarking that any Sepharadi that exposes his Tzitzit denigrates and casts aspersions on the previous generations of Sepharadim, who followed the practice of keeping the Tzitzit concealed. Rabbi Yehuda Tzadka Z"L (who served as Rosh Yeshiva along with Chacham Ezra Attia Z"L) testified that the esteemed Rabbi Yaakov Chaim Sofer (1870-1939), author of Kaf Ha'chayim Sofer, likewise kept his Tzitzit inside his clothing. The same is said about the prominent Kabbalist Rabbi Efrayim Cohen Z"L, and this is the ruling of Chacham Ovadia Yosef, in his work Yechaveh Da'at (2:1). Thus, in the spirit of the rule "Al Titosh Torat Imecha" ("Do not abandon your mother's teaching" – Mishlei 1:8, 6:20), Sepharadim should follow the time-honored tradition to wear their Tallit Katan and the Tzitzit strings inside their clothing, rather than expose them. It should be noted that Halacha permits allowing the Tzitzit strings to come in contact with one's skin, and one is thus not required to keep them in his pockets or tie them in such a way that they would not touch his skin.