Blogs

Monday, August 02, 2010

Yoshon and Chodosh

A halachic examination of the laws of Yoshon and their contemporary applications (in PDF format)

Tuesday, July 20, 2010

Blessings and curses - the Jew’s closeness to Hashem - Thoughts on Kinah 9

Kinah 9
This Kinah takes a look at parshas Bechukosai, where Hashem tells us the wonderful idyllic rewards for keeping His mitzvos and walking in His ways, and chas veshalom the punishments that will befall the Jewish people if we ‘are disgusted with His commandments and stray.
There may be a tendency to not take these seriously. If I don’t wear shatnez there will be peace in the Middle East? Really? And if I ignore some of the commandments, if I don’t cherish my relationship with Hashem then we will (temporarily) lose our rights to being the chosen people, Hashem will turn a blind eye to us?
Here the mekonen, step by step, takes us through the blessings, and shows how they were reversed, and how all the tochachah and curses of Bechukosai came to be. The words of the Chumash came alive, in a very horrible and tragic way.
The kinah is ‘spoken’ alternatively by God, the Jews, and the enemies of the Jews. Hashem speaks and reminds us of the covenant we have with Him, and how we have brought the tzuros unto ourselves. Israel laments, and the enemies says that yes – true Hashem used to be your protector, but now he has turned against you and abandoned you because of your sins.
We have to realize that Jews enjoy a very close and special relationship with Hashem, and along with the perks of being G-ds chosen people, we are held to a higher standard as well. We bear responsibility for our actions, and suffer the consequences of our missteps.
Last night, in the very first kinah of Tisha B’Av, as well as in Kinah 10, the kinah gives us a clear tit for tat for our actions. Each tragedy happened for a specific cause. Although its not for us to be specific, the general principle of responsibility is one that must be held dear.
There is a tremendous upside to this as well. Shmuel Hanavi, after crowning Shaul as king, said to the Jewish People: “I don’t understand you! Until now you had a very wonderful close relationship to Hashem. When you were close to Him and prayed to Him He took care of you. When you strayed and forgot about Him you were attacked by your enemies and you remembered Him. Why would you want to put a king between you and Hashem?” It’s a beautiful special thing to have closeness with Hashem and something we should cherish, but comes along with a responsibility as well. 
I think there is also a deeper point here. Rashi explains that the parsha of Bechukosai is referring to the obligation to toil in Torah. When we are involved in Torah study everything goes right for us, we are close to Hashem and He takes care of us. If we say that c”v its archaic, who needs it and mai ahani li rabanan that brings the kelalos upon us. Indeed the Gemara in Yoma tells us that that the chachamim were in a quandary as to the reason for the destruction of the Beis Hamikdash until it was revealed to them that it was for not making Birkas HaTorah. Rav Michel Birnbaum explains that this is more than a bracha, its our showing appreciation to Torah, recognizing the very dominant role Torah study must play in our life, and feeling and expressing our appreciation to HKBH for giving us this wonderful gift (as is evidenced by the din that Birkas Hatorah can be replaced by ahavah rabbah).
We lost the blessings and received the tochachah due to our lack of respect for Torah. The medrash in Eicha says Halevai they would have forsaken me and protected the Torah, the light within it would have returned them to good. We need, and must recognize within our own lives the need, for the light of Torah to be our guide and our inspiration, and then as the Kinah concludes in the prayer Hashem will dispose of Edom and rejuvenate our relationship and the blessings that come along with it.

The Primacy of Torah to the continuity of the Jewish People - Thoughts on Kinah 41

This Kinah was written by the Maharam Miruttenberg, one of the last of the Baalei Tosfos. It describes a tragic event in Jewish history, made even more tragic due to the fact that the entire event was instigated by one of our own, an apostate Jew. In 1240 in Paris an apostate Jew named Nicholas Donin recommended to King Louis IX that if he wanted to get rid of the Jews for once and for all, the only way to do that was by destroying their Torah. The King and the Church had all copies of the Talmud confiscated on March 3 1240 and placed in the Place De Greve, a public square in Paris, which is the current location of city hall and the mayor’s office. In all there were 24 cartloads of Talmud, thousands of volumes.
The King invited 4 rabbis to a debate with Donin, the fate of the 24 cartloads hanging in the balance. Transcripts of the debate exist, and even according to the Latin transcript was it by no means a win by Donin. The Queen herself at one point told the accusers that they were trying too hard.  Even so the fates of the volumes of Torah were a foregone conclusion, and in 1242 the Gemara’s were burnt.
The ramifications of this were tremendous. Each one of those volumes were handwritten, this was 200 years before the printing press was invented.  There wasn’t a Gemara to be found in all of France, and many of the volumes had the actual handwritten glosses of the Baalei Tofos written in their margins, to be lost forever.
There is a parallel that cannot be ignored here. Nine years earlier (to the day?) in the very same square, volumes of the Rambam’s guide for the perplexed had been burned. Although it seems that they had also been burned by the church, the impetus came from some of the greatest Rabbis of the day, who felt that the works of the Rambam should not be studied. It cannot be merely a coincidence that the Talmud was burnt in the very same spot 9 years later.
The Maharam Mirutenberg was a 27 year old student at the time.  It is evident in this Kinah that he saw this potentially as the end of Torah as we knew it. He compares the glory of the giving of the Torah to its current state. As Rav Soleveitchik explains it, he compares us to a wife whose husband ran away and deserted us, and didn’t even leave over any money – the holy Sefarim – to sustain ourselves.
He laments “no longer will I hear the voice of your singers” the voice of Torah has been stilled, and there will no longer be any Torah scholars.
The Torah is the glue that keeps us going throughout golus, that binds us together and to our Father in Heaven.
But netzach yisrael lo yishaker - the tenacity and resilience of the Jewish people cannot be over estimated. As the maharam himself predicts at the end of the kinah, Torah will prevail.
Rabeinu Yechiel of Paris the father of the Rosh and one of the debaters, gathered 300 students and taught them Shas from memory, which they recorded.[remarkably, when compared to the Munich manuscript, one of the only Shasim we have from before the burning, they are almost exactly the same]. He taught them the teachings of the Baalei Tosfos. Rav Moshe of Coucy, another one of the debaters wrote the Sefer Mitzvos Hagadol, which codified and explained all the mitzvos and is still a primary text today. 
We saw this more recently during the holocaust. In the Kovno Ghetto there was a Rav named Rav Ephraim Oshry. He recorded and hid many of the questions that were asked to him, questions like whether the kohanim had to remove the rags from their feet before duchening, how to put on tefilin when working 18 hour days, whether boards stolen from the Nazis can be used for a sukkah, and were ghetto homes obligated in a mezuzah. These questions eventually filled five volumes that were printed after the war. Five voumes!! From one ghetto, to one Rabbi. That is the tenacity of klal yisrael, the inborn resilience Hashem has given us to survive.
An American officer told my father the following story. In 1945, he was involved in liberating the horrendous concentration camps of Nazi Europe. He went into a camp to find himself surrounded by death. A man looked up to him with gratitude. “Zei Moichel,” [please forgive me for troubling you] he said “and find me a Gemara Moed Katan.” Next week I have yahrzeit for my father and I promised him that each year on his yahrzeit I would make a siyum on Moed Katan.”
The Maharam Mirutenberg, who right before he died wrote “the sun shines for everyone but G-d and me,” is telling us that Torah is our essence, and when 24 cartloads of Torah were burnt it potentially could spell the end of the Jewish people, total despair and abandonment. The Torah is our lifeforce!

Some of the ides here were borrowed or inspired from here and here

Friday, June 18, 2010

Davening on Shabbos That Coincides with Yom Tov or Rosh Chodesh

What happens if on Yom Tov one mixes up the end of the blessing in Shemoneh Esrei , and in place of saying Mekadeish Hashabbos Veyisrael Vehazmanim, he says Mekadeish Hashabbos, or vice versa?

There is a three way dispute (Beitzah 17) regarding the proper format of Shemoneh Esrei on Yom Tov that falls on Shabbos.

According to Beis Shamai a totally new beracha is added for Yom Tov
According to Beis Hillel Yom Tov is incorporated into the middle part of the regular Shabbos blessing
Rebbi agrees with Beis Hillel, and adds that Yom Tov is also included in the closing blessing – Mekadeish Hashabbos Veyisrael Vehazmanim.
The Halacha is like Rebbi.

Now, if one forgot to mention Shabbos in the ending beracha and concluded ‘Mekadeish Yisrael Vihazmanim’ we run into a dispute of the poskim:
The kenesses hagedola rules that one does not have to repeat Shemoneh Esrei

The Pri Chadash (OC 487) argues and since that if one changes the way that one is supposed to make a beracha (matbeah shetovu chachamim) they do not fulfill their obligation and still have to repeat Shemoneh Esrei. Therefore whether Shabbos was omitted or Yom Tov was omitted in the closing beracha, one has to repeat Shemoneh Esrei. 

The Biur Halacha (487) writes as follows: if one doesn’t mention Shabbos in the closing then they have to repeat Shemoneh Esrei, but if one omits Yom Tov they do not. His rationale is that even though the Halacha is like Rebbi that one must incorporate Yom Tov into the closing, Rebbi still agrees with Beis Hillel that the primary beracha (the matbeah) is Mekadeish Hashabbos.

Therefore even if one omits the mention of Yom Tov they haven’t changed the primary blessing and therefore it doesn’t necessitate repeating Shemoneh Esrei. However if they omit Shabbos they have changed the original matbeah of the beracha and must repeat Shemoneh Esrei.
Rav Akiva Eiger, quoted by the Aruch Hashulchan holds that even if one does mention Yom Tov in the blessing but omitted its mention in the middle of the paragraph, he must repeat the Amidah, and that is the ruling of the Aruch Hashulchan himself.

When Rosh Chodesh falls on Shabbos, in place of the regular ‘Tikanta Shabbos’ prayer in the Mussaf Amidah, we say ‘Ata Yitzarta’ which incorporates the prayers of Rosh Chodesh and the special Mussaf sacrifice into the regular Shemoneh Esrei. We then conclude with ‘Mekadeish Hashabbos Veyisrael Veroshei Chodashim.

What if one closed out with the usual Mekadeish Hashabbos? Here Rosh Chodesh differs from Yom Tov. Even according to the Pri Chadash who holds that on Yom Tov if one concludes with Mekadeish Hashabbos they must repeat the Mussaf, on Rosh Chodesh he does not. He extends this as far as Shabbos Chol Hamoed, if one said the usual Shabbos Mussaf he does not repeat the Amidah.

The Pri Chadash explains: On Rosh Chodesh and Chol Hamoed there is no added blessing for the occasion, rather whenever we pray we are supposed to incorporate it into our regular Shemoneh Esrei. If forgotten we still fulfilled our prayer obligation. On Yom Tov we fundamentally change the Amidah to reflect the holiday, and if that change is not incorporated it is considered changing the blessing from the way it was coined and one cannot fulfill their obligation.

The Aruch Hashulchan (425:1) argues with the Pri Chadash, and writes that whereas the main thing is the blessing at the end, if he omits it then he must repeat the Shemoneh Esrei.

Monday, May 10, 2010

Taking a Haircut This Friday

It is well known that there are two main customs regarding the mourning practices of Sefira. The Shulchan Aruch writes that it is from the second day of Pesach until Lag B’Omer, after which all mourning ceases; this is the “Minhag Sefard”. The Maharil (quoted by the Rema) writes that the mourning practices are in place from Rosh Chodesh Iyar until Sheloshes Yemei Hagbolah, the three preparatory days before Shavous. This is commonly referred to as the “Minhag Ashkenaz”.

In the event that Rosh Chodesh Sivan comes out on Friday, such as this year (2010), the three preparatory days begin on Sunday. It is accepted by all Ashkenazi, and even many Sefardim, that when Lag Baomer is on Sunday, (as it is whenever Rosh Chodesh Sivan is on Friday), one may get a haircut on Friday in honor of Shabbos even though Friday is still a prohibited day according to all opinions.
[A similar idea is found on the Friday of Rosh Chodesh Iyar, when Rosh Chodesh Iyar is Friday and Shabbos. Even according to the Minhag Sefard one may take a haircut on that Friday.]

Seemingly the same logic would apply here, according to Minhag Ashkenaz it is still a prohibited day, but since I am allowed to get a haircut on Sunday I may get one Friday as well. This is indeed the psak of Rav Sharia Dablitzki (Zeh Hashulchan 1:493) based on the opinion of the Pri Megadim (OC 493:5 AA) who permits taking a haircut on Friday when Rosh Chodesh is on Sunday, for those who stop the mourning on Rosh Chodesh Sivan (which is not in accordance with the Magen Avraham and not the conventional minhag).

Rav Moshe Feinstein (quoted by Rabbi Elimelech Bluth Shlit”a in LeTorah VeHoraah vol. 10 p.14) disagrees, and differentiates between our case and the Friday preceding Lag B’Omer on two counts and Rosh Chodesh Iyar on one count.

1) Regarding Rosh Chodesh Iyar, there it is permitted because Shabbos itself has an added dimension of Simcha, coupled as it is with Rosh Chodesh. Therefore one can take a haircut in honor of Shabbos. This doesn’t apply to Rosh Chodesh Sivan which is only Friday.

2) Lag B’Omer is really part of the mourning period, but the mourning is suspended due to the various events that happened that day, and it is considered a quasi Yom Tov. It is therefore not respectful to take a haircut in honor of Lag B’Omer and not in honor of Shabbos which is a holier day. This does not apply to our case, where the reason for shaving on Sunday is not because it’s a holiday that the laws of mourning were suspended for, rather it’s the end of the Aveilus. 

3) Part of the rationale to allow shaving on Friday before Lag B’Omer is miktzas hayom kekulo – a portion of the day is like a full day. (see Biur haGra), this only applies before Lag B’Omer. To apply it here would be analogous to allowing one who finishes his ‘shloshim’ on Sunday to shave on Friday, which is definitely not allowed.

Therefore Rav Moshe Feinstein argues with the Pri Megadim and prohibits shaving or taking a haircut this Friday. And although the general principle of the Poskim is to be lenient when it comes to Sefirah prohibitions (see Chok Yaakov 493:7) Rav Moshe writes that he doesn’t understand the Pri Megadim’s reasoning and is therefore stringent.

Additionally the Chachmas Shlomo, commenting on the Pri Megadim, in addition to mentioning a reason similar to first reason of Rav Moshe, writes that
since Lag B’Omer is only one day and possibly you will not be able to take a haircut, and if one doesn’t take a haircut they can’t take one before the following Shabbos, you are therefore allowed to take a haircut before the first Shabbos rather than being unkempt for two Shabbosim. This reasoning, writes the Chochmas Shlomo, does not apply to the Pri Megadim’s (or our) scenario.

The Chasam Sofer, speaking about a scenario where Erev Shavous is Sunday, (presumably he is of the opinion that one may not take a haircut until Erev Shavous) writes that one may not take a haircut on Friday, also unlike the Pri Megadim.

Friday, April 30, 2010

Zmanim Part 1

There are several ‘zmanim’ or halachic times that one must be familiar with to fully appreciate how the time restrictions on prayer work.

Amud/Alos Hashachar – Dawn, or first light. This is either 72 or 90 minutes before Neitz Hachamah

Hair Penei Hamizrach – when the whole eastern skyline is lit up.  According to many opinions when the Halacha refers to ‘Amud Hashachar’ it really means this time. (See Biur Halacha beginning of siman 89).

Misheyakir – The Gemara establishes this as the time which one can differentiate between techeles (blue) string and white string on their tzitzis. This is the same time that one can recognize an acquaintance from 4 amos (6-8 feet) away. Rav Moshe Feinstein explains that this is a subjective zman, it depends on the clarity of the day and so on.

The Mishah Berura writes (58:18) that misheyakir is after the ‘hair penei hamizrach’. 

Rav Elyashiv (Hearos on Brachos 9b) says this is 30 minutes before Hanetz Hachamah. 

Rav Moshe Feinstein in Igros Moshe (OC 4:6) says that this is 35-40 minutes before Hanetz Hachamah, based on his observations on clear days.

Rav Tikushinsky (luach Eretz Yisrael) as well as the Kaf Hachayim (18:18) say that the minhag in Jerusalem is to consider a full hour before hanetz hachamah to be considered misheyakir. Other opinions range from 42 -52 minutes before Neitz in Jerusalem.  Presumably these opinions do not hold that is a subjective zman, rather a fixed time like all the other zmanim.

Hanetz Hachamah – Sunrise. When the top of the orb of the sun is visible on the horizon. Some say the entire orb must be visible.
There is discussion amongst the Achronim if this is measured at real elevation or at sea level. [The practical difference is generally minimal].
This is all working with dawn being at a fixed time before sunrise. There is however a way of calculating by degrees.

To be continued…

Tuesday, April 27, 2010

Pesach Sheini

This Wednesday is Pesach Sheini, the 14th of Iyar. Pesach Sheini is the make up date for those who missed Pesach the first time around due to their inability to bring the Korban Pesach on Pesach. In fact the Yerushalmi says that if Moshiach would arrive between Pesach and Pesach Sheini we would bring the Korban Pesach on Pesach Sheini. Especially significant is the fact that it is the only day on the Jewish calendar that was granted as a holiday because the people wanted it, a topic for a more spiritually inclined post.

When Pesach Sheini was in effect, the schedule was as follows: On the 14th of Iyar they would bring the Korban Pesach, and on that evening, which was the beginning of the 15th of Iyar, they would eat the Korban Pesach together with Matzoh and Maror.

In this day and age, when we don’t have the Beis Hamikdash, how do we celebrate Pesach Sheini?

Matzah

Many have a custom to eat matzah on Pesach Sheini as a remembrance. When this Matzah should be eaten is subject to dispute. Logically it would seem that it should be eaten on the night following Pesach Sheini, the eve of the 15th, because that’s when the Matzah would’ve been eaten. This was in fact the custom of the Maharam Ash. This was also the opinion of Rav Tuvya Goldstein and is the opinion of Rav Dovid Feinstein.

The vastly common custom is however to eat the Matzoh on the 14th of Iyar. There are various reasons given for this, some Kabalistic some very technical. (See Kli Chemdah Parshas Veaschanan and Minhag Yisroel Torah).

Other Foods

The widely accepted custom among those who eat Matzoh on Pesach Sheini is to eat Matzoh only.  There were various other customs, among them to eat Maror, Charoses and boiled eggs. These minhagim don’t seem to have caught on.

Tachanun

Most congregations do not recite Tachanun on Pesach Sheini. It’s notably absent from the list of days on which Tachanun is omitted that is found in Shulchan Aruch and is not added by the Rema or the Mishna Berura. It is however mentioned by the Shaarei Teshuvah who discusses whether Tachnun should be omitted on the 15th of Iyar as well. It seems that the Minhag is to omit Tachanun on the 14th. In a minority of congregations outside of Israel it is omitted on the 14th and 15th.

Regarding Mincha on the 13th, there are various customs, most Yeshivos do say Tachanun, and most Shuls do not.

There is also a Chasidic custom to omit Tachanun for the seven days following Pesach Sheini, based on the Zohar.

Eis Ratzon

The Zohar writes that the gates of Heaven open on Pesach Sheini for everyone and remain open for seven days. This is an auspicious time for all of our prayers to be heard.

Much of the source material for this article was found in Minhag Yisroel Torah

Friday, March 26, 2010

The Ultimate Guide to Post Pesach shopping

Post Pesach Supermarket Shopping Scene

Thursday, February 04, 2010

Netilas Yadayim v

Washing Before Davening

There is a Halachic requirement to wash one’s hands before davening. This applies to all three prayers. There are two reasons for this cited in the Rishonim. One is that if your hands are dirty they must be washed before prayer. Additionally we suspect that one was distracted throughout the day and touched places that necessitate hand washing.

For Shacharis, if one was careful not to touch anything that would necessitate handwashing after his morning Netilas Yadayim then he need not wash again. The same applies to washing for Maariv if one davens Mincha and Maariv together.

If no water is available, and he definitely touched an area of the body that requires him to wash his hands, he must travel 18 (and sometimes up to 72) minutes to procure water, if by doing so he will still be able to Daven at the proper time.

In other situations he may wipe his hands on a cloth or something that cleanses if there is no water.

One should not wash in a bathroom, but if there is no choice he may do so, provided that he dry his hands outside the bathroom. (Igros Moshe EH 1:114)

When a Cup is Needed

The only times one must use a cup is in the morning and before eating bread. Rav Ben Zion Abba Shaul (Ohr litzion vol.2 1:5 in notes) infers from the Rambam that before prayer one should also use a vessel.

Although for all other items a cup is not needed, the Kaf Hachaim recommends using a cup for all the various required washings.

Wednesday, January 27, 2010

The Message of Tu Bshvat

What follows is based on Rabbi SR Hirsch. I wrote it in my own words, and have not done him full justice.

Why do we celebrate the Rosh Hashanah of the trees in the middle of the bleak, cold, lifeless winter? The Gemara explains – Since most of the rains have already fallen. (Rosh Hashanah 14). What does that mean?

Rabbi SR Hirsch in Collected Writings explains the significance of Tu B’Shvat in the following manner:

A rational person will say the tree bears fruit when the fruit actually appears on the tree. One who thinks a bit more deeply will postulate that the fruit really begins at the original budding. There must be a physical manifestation to show the budding of the fruit.

This is true in the world of men in general. Only deeds, actions, actual physical efforts are considered noteworthy.

The Torah operates differently; the origins of the actions are paramount. Rabbi Hirsch refers to the “invisible germination of righteousness and inquity”.

He explains that the Torah focuses on protecting and building this inner, invisible foundation from where all the actions come. All the laws of Purity, Issur and Heter and so on protect this core, particularly where the spiritual intersects with the physical and and the integrity of one’s purity is at stake.

This is also exemplified in the purity that was required in the camp of the Jewish Army, the cleanliness of speech that is Halachically necessary, the preparations needed to pray and to eat, and the entire approach to Jewish Law.

What follows then, is that all the rituals and laws are done not only as a way of serving Hashem, but more importantly to strengthen and solidify man, to ensure that the origins of all his deeds are pure and whole.

This is the message of Tu B’Shvat. We do not address the outer manifestations of Spring, rather the inner beginnings. The rains have begun passing, the sap is starting to rise in the trees, the inner core is strong and healthy – unaffected by what’s going on outside. This is the message to each and every one of us.

Friday, January 22, 2010

Netilas Yadayim - Ritualistic Hand Washing Part IV

for part 1 click here

for part 2 click here

for part 3 click here

There are other situations that necessitate Halachic hand washing. Several are due to Ruach Ra’ah, which rests on ones hands in certain situations much as after sleeping, although the washing need not be with the same Halachic urgency, however one should wash as soon as possible.

After:

Entering a primitive bathroom and entering a bathhouse, even without using the facilities; Cutting nails and cutting hair; and touching parts of the body that are usually covered require washing until the wrist but only once on each hand (The Shelah writes that in all these cases one should wash three times).
Going to a cemetery, touching a dead body and having marital relations require three times according to Shaarei Tesuva because they have a higher level of Ruach Ra’ah. There is a minority opinion that includes going to the bathroom in this category.

Touching used leather shoes, touching sweaty areas or clothing, scratching your scalp, touching ear or nose waste (according to some), and changing a diaper all require hand washing due to cleanliness. This is different than Ruach Ra’ah in the respect that not the whole hand need be washed. According to some opinions marital relations and touching usually covered parts of the body are also included in this category.

A little more in depth:

Cutting nails – however they’re cut, and even if they are cut by someone else (a manicurist) although the person cutting does not have to wash their hands.  This applies to both finger and toe nails. Nails that are bitten as a way of cutting them also require washing.  For more on fingernails look here.

Cutting hair – Both the barber and the person getting a haircut (Barbie?) must wash their hands. Rav Shlomo Zalman Auerbach has two interesting rulings here. If one takes a snip of a 3 year old boys hair at his upsherin (as is customary) he need not wash his hands, and after cutting the beard (or shaving) and payos one need not wash his hands.

Bathroom - According to most opinions modern bathrooms do not necessitate hand washing if one entered them and did not relieve themselves. [a port a potty would be different].
Parts of the body that are usually covered – in all places will include above the knees, the entire torso and back, and above the elbows. Elsewhere would depend on whether they are usually covered. It is questionable if this is because of Ruach Ra’ah or cleanliness and therefore one should wash their whole hand.

Funerals and cemeteries – if one was in the same building as, or came within 4 amos of, a decedent he must wash his hands. The minhag as recorded by the Rema is to wash ones hands before reentering a building. Rav Moshe Feinstein said that this only applies to a residence, not a public building.

Marital Relations – Since this is required for both Ruach Ra’ah and cleanliness purposes one should wash their whole hand. The Mishna Berura quotes an opinion that requires washing three times.

Friday, January 15, 2010

Netilas Yadayim - The Ritual of (or Ritualistic) Hand Washing III

for part 1 click here

for part 2 click here

Before washing hands one should not touch any food, because he will impart the Ruach Ra’ah to the food. If one touched food, whenever possible (i.e. it won’t ruin the food) the food should be washed three times.

The minimum amount of sleep one has to sleep in order to be obligated to wash is half an hour.

If someone else washes your hands, such as a nurse, they must wash their own hands first (unless they are not Jewish).

Where to wash:

The halacha (based on the Zohar) is that one should not walk four Amos (6-8 feet) without washing their hands in the morning. For this reason, many have the custom to wash their hands before their feet even hit the floor. They do this by placing a cup with a bowl on the floor next to their bed. If you do so there are several things to be careful about:

• Don’t forget it’s there and step in the water
• Make sure the water doesn’t get shoved under the bed. [This goes for all food, the Ruach Ra’ah from sleeping is imparted to what’s under the bed. This is a common camp scenario].
• The water used for washing is considered impure and should not be spilled where it may be stepped on, used to feed an animal or to wash the floor or dishes. If one washed over dishes in the kitchen sink, those dishes should be rinsed off.
• The bowl one washes into should not be used for food according to some.

There is also an opinion (somewhat rejected by the Mishna Berura) that the entire house, or at least the entire room, is considered four Amos. Therefore one may walk to a sink and wash, and this is indeed the custom in many non Chasidic communities.

Modern bathrooms that have the commode in the same room as the sink are a matter of dispute among the poskim. Some poskim say that one is allowed to wash their hands in them, but the blessing should be said outside. Others, including Rav Moshe Feinstein (Igros Moshe EH 1:114) and the Chazon Ish rule that it has the same status as the Talmudic “Bais hakesai” and therefore one should not wash their hands in the bathroom unless there is absolutely no choice.

In the event that the most accessible sink is in the bathroom, whereas it is always best practice to wash as soon as possible one should wash there, and then you may touch your face and so on, and then wash again outside of the bathroom, before making a blessing.

If there is a closed door between the sink area and the lavatory area one may wash and make a blessing.

Although generally one must begin training their children in mitzvos from when they are about 5 years old (see MB 18:123) and capable of understanding, when it comes to netilas yadayim there are those that say that since it is an issue of the metaphysical existence of Ruach Ra’ah, one should wash the hands of the very small as well. (Pri Migadim, quoted by Mishna Berura). Conversely the Shulchan Aruch HaRav (4:2) writes that the Nefesh doesn’t come to a child until he has reached maturity and is obligated in the commandments, therefore there is no Ruach Ra’ah either until that age. [Puzzlingly, in his conclusion he seems to commend washing the hands of newborns]. However the regular chinuch concerns would still apply.

What to wash with

We previously discussed that one should wash each hand three times, alternating hands. This must be done with a human powered action, and should be done with a cup. It is preferable not to use a disposable cup for this, although if that’s all you’ve got its ok. [In this regard we are more lenient than with Kiddush, where a disposable cup should not be used] (Igros Moshe OC 3:39). The cup should be whole, and should contain at least a revi’is (2.9 – 3.3 oz) to begin with.
If one doesn’t have a cup then they may turn on and off the faucet six times. The first spurt of water that comes out of the faucet is considered to be human powered.

If this is not possible one should dip their hands into water six times or at least wipe them with a dry cloth or on a cleansing surface such as wood or earth. This will help for cleanliness for prayer, but not for Ruach Ra’ah.The blessing said in this situation is Al Nekiyus Yadayim.  In this case, when one reaches a place with a cup they should wash regularly without a blessing.

The water used for washing should be clear and not bitter.

Next time we will discuss when the blessing is said and other occasions that necessitate hand-washing.

Friday, January 08, 2010

Netilas Yadayim - Ritualistic Hand Washing Part II

For part 1 click here

The concept of Ruach Ra’ah, which we discussed in Part I, seems to be the primary reason for the great rush to wash ones hands in the morning. The Gemara uses strong language, saying that the hand that touches the eye, nose, ears, mouth or any other bodily orifice deserves to be cut off. The Gemara explains that by touching an opening it imparts Ruach Ra’ah into the opening. This also applies to touching food. The Gemara concludes that the only way to remove the spirit is to wash your hands three times.

The Bach, quoting the Zohar, says that one who walks four Amos without washing their hands is eligible for the death penalty!
There is a fascinating tradition from the Vilna Gaon: There was a famous convert known as the Ger Tzedek, Avraham ben Avraham. He was a young nobleman from a Polish –Catholic family who converted to Judaism, and was found out and burned at the stake. The Vilna Gaon had apparently developed a relationship with the young count, even offering to save him through supernatural means – his offer was refused. After his death the Vilna Gaon declared that the Ruach Ra’ah of the morning had been lessened, and one no longer had to be as careful with Ruach Ra’ah. This tradition was quoted by Rav Shlomo Zalman Auerbach, and is said to be the reason why in Slabodka the custom was to be lenient with walking four Amos before washing hands.

Although this tradition is not relied upon for Halacha, it may be the reason why the Yeshiva world tends to be more lenient than the strictest letter of the law when it comes to the laws of Netilas Yadayim.

Now some Halachos:

As discussed, before washing your hands you should not touch any openings on the body. You should also not walk four Amos without washing, although there are opinions that one could count the entire room, or perhaps the entire house, as four Amos.

A nursing woman, who wakes up to nurse her child in the middle of the night, should be careful not to touch the baby’s mouth. When changing a diaper in the nighttime one should also be careful to not touch any orifices. There is a lenient opinion, cited by the Aishel Avraham (Butshatsh) that the Ruach Ra’ah only arrives when one wakes up for the day.

It is questionable as to whether the prohibition applies to eyelids; the Aishel Avraham writes that for any necessary purpose one may be lenient.

The Gemara writes that in order to remove the Ruach Ra’ah one must wash their hands three times. The Poskim explain that this should be done in an alternating manner as follows: lift the cup with your right hand, pass it to your left pour once onto your right and then switch hands and pour once onto your left. Repeat until both hands have been washed three times. (a leftie should do so as well).  There is another opinion that one should wash his right hand three times and then his left hand three times. Although the minhag is like the first method, some are machmir to employ both methods.

Once you have washed your hands three times, there is a question as to whether the water remaining on your hands is impure or not, the difference being whether you should make the Berachah before drying your hands (as is preferable when washing for bread) or after the drying. Some Poskim say that one should therefore immediately dry their hands.  The Vilna Gaon recommended washing a fourth time in order to wash off any remaning impure waters, and according to him one could say the blessing before drying their hands.

Although many are accustomed to say the Beracha later either way (Iy”H we will get to that later) there is another important difference, i.e. if you may wash your face before drying your hands. If the water on your hands still has the vestiges of Ruach Ra’ah, it would not be good to then touch your eyes, nose and mouth with it. If one follows the practice of the Gaon and washes a fourth time they will not have to dry their hands before washing their face.

To be continued…

Tuesday, January 05, 2010

Maaser Kesafim

Please enjoy this shiur (source material is available as well) that I gave at LINK’s Yeshiva for a day Program:

Friday, December 25, 2009

Netilas Yadayim - Ritualistic Hand Washing Part I

It is well known that one must wash their hands before eating bread, and make a blessing. This is by Rabbinic edict. There is then another Talmudic rule that one should make the blessing of ‘Al Ntilas Yadayim’ in the morning as well. Although no reason is given, the Rosh (Berachos 9:23) explains that when one sleeps their hands travel and they certainly touched ‘unclean’ places. (We will discuss the idea of touching impure places more at length later). They must therefore wash their hands before davening.

A more Kabbalistic reason is given by the Rashba (Shut 191): When one awakens they are like a new person. This reality necessitates our immediate thanks and appreciation to Hashem, which is comparable to the Avodah of the Kohen in the Beis Hamikdash. Just as he must wash his hands from the Kiyur we too must wash our hands from a cup.

The Mishnah Berurah quotes both of the above reasons, and writes that we necessitate washing for either of them, albeit not with a Bracha. Therefore if one was up all night (or slept with gloves) they would still have to wash their hands.

There is a third reason described by the Gemara in Shabbos (109b) is Ruach Ra’ah, a metaphysical negative ‘spirit’ that rests on a person overnight, and one is cautioned against touching any facial orifice before washing your hands. [This is also the reason why it’s necessary to wash three times, and with a cup, which we will discuss later]. This seems to be related, in Halachic literature, to an idea presented by the Arizal: The Gemara says that sleep is 1/60th of death. The Arizal explains that when one awakens all vestiges of “death” leave him, aside from his hands which still retain some influence (and no blessings should be recited in that state). One must therefore wash his hands before being able to say any blessings.
The first two reasons necessitate a blessing (according to their respective authors) the third reason does not necessitate a blessing, but does impel one to wash ones hands as soon as possible after awaking.

Next we will discuss other occasions that necessitate Halachic hand washing.