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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.

Friday, December 11, 2009

When to Make Havdala on Chanukah

Coming into Shabbos Chanukah, one must first light the menorah, and then Shabbos candles. The logic is straightforward – once you have accepted Shabbos you can no longer light the Chanukah candles. It would seem sensible that on Motzai Shabbos the order would be reversed. First make Havdalah and close out Shabbos and then light the menorah. This is however not so simple, as we shall see.

Counter intuitively; the Shulchan Aruch (OC 681:2) simply states that in shul the menorah should be lit before Havdalah is made. The Rema adds that at home one should definitely do so because he has already made Havdalah, and thus ended Shabbos, in Shul. Concurring with the Rema is the Elyah Rabbah, Magen Avrohom, Vilna Gaon, Chemed Moshe, Beis Meir (who brings a proof from the Yerushalmi), and the Yaavetz. In fact the Yaavetz quotes his father, the Chacham Tzvi, as having laughed at those who lit Chanukah candles before Havdalah. He writes that his personal conclusion was that one should indeed light the Menorah first, and in his responsa he refutes the opposing proofs.

The Mishna Berura explains:  Although there is a general principle that when presented with two mitzvos one should do the more frequent one first, when it comes to leaving Shabbos we want to delay it as much as possible. The Beis Shearim (OC 396) contrasts this with the idea of ‘zrizim makdimim l’mitzvos’ that one should rush to do a mitzvah to show how beloved it is, so too one should be hesitant to end Shabbos thus showing how precious it is.
The Maharal writes that one should make Havdala first, out of concern that he may forget to say Havdalah earlier (in the Amidah, or by saying Baruch Hamavdil Bein Kodesh Lchol). He will then wind up lighting the Menorah before he has personally ended Shabbos. Thus, to be safe, one should make Havdalah first. This is also the opinion of the Taz, Malbushei Yom Tov, Pri Chadash and Derech Chaim.  Although the Maharal extends his line of reasoning to the Shul lighting as well, the others who concur with him limit it to lighting at home (thereby only arguing with the Rema and not with the Shulchan Aruch).

In response to the Mishna Berura’s explanation that we want to delay leaving the Shabbos the Pri Chadash writes: As soon as one does Melocha such as lighting candles he has de facto ushered out Shabbos and therefore may as well have made Havdala. The Elyah Rabba responds, that until one makes Havdala over wine, even if they have recited ‘Boruch Hamavdil’ and done Melocha, there are still remnants of the holiness of Shabbos.

There is an additional rationale to lighting the Menorah first. In theory one can make Havdala all night, but the Menorah ideally must be lit right when it gets dark. Once the hour is such that people are no longer found in the street, one may very possibly have forfeited the mitzvah to light the Menorah. Therefore, say the Avnei Nezer and the Yaavetz, one should immediately light the menorah before Havdala.

The Mishna Berura concludes that in Shul one should follow the Shulchon Aruch and light the Menorah first, at home there is Halachic legitimacy to both sides of the argument and either way is alright.

Friday, November 27, 2009

Kosev - Writing on Shabbos

Source

Every Shabbos prohibition is derived from an action that took place in the Mishkan: Writing was performed in the Mishkan when they labeled the kerashim (posts in the Mishkan) so that they would be able to be reassembled in the proper formation. Some add that a written record of donations was kept as well.

Any method of forming a letter, drawing or symbol is considered kosev; this includes writing, cutting out shaping and so on. The inverse of writing is erasing. Although we won’t be dealing with that directly, the two are intertwined, and erasing will come up throughout this article.

In order to be obligated on a Biblical level one must have written meaningful writing. This includes:
a) Any foreign languages, stenography, Braille, Morse code or anything else that may be considered unintelligible but has significant meaning is forbidden.
b) Fingerprinting (with intention to record fingerprint) or taking an impression of a baby’s foot is forbidden.
c) Any writing surface (including skin) is forbidden.

Library Books

Many library books have words on side of book that are broken upon opening the book. The Rema writes that it is permitted; since the book is made to open and close its not considered writing and erasing. The Levush argues. The consensus of the poskim is to be lenient and permit it, but if another copy of the book is available one should use that one. The same would apply to a ripped page in a book that is straightened to read but will inevitably separate.

Scrabble, Magnets and Blocks

Placing existing letters together in a non permanent fashion is not considered writing. Therefore one may play scrabble or play with blocks that don’t adhere to a surface or to each other.
Where there is a “chibur” or connection of the letter to a surface or to the other letters, such as with scrabble deluxe (where they click into the frame), other adhesives, or puzzles that fit together, magnets, and so on there is no apparent prohibition. However the Magen Avraham (OC 340:6) hypothesizes that just as attaching silver letters to a cloth is considered writing for a ‘get’, it is also considered writing to be liable on Shabbos. Many others disagree, in fact the Nishmas Adam 37:2 writes that there is no posek that holds like this. However Rav Moshe Feinstein (Igros Moshe OC 1:135) writes that the one should be stringent and that is how the Chayei Adam and the Mishnah Berurah pasken as well.

One may not cut fruit into specific shapes on Shabbos. You may however use an ice cream scooper or a similar instrument as long as you are not particular that it be a perfect circle. 
One may not make jello in a mold on Shabbos. Rav Wosner rules that making jello is generally prohibited due to the issur of ‘Losh’.

Rabbinic Prohibitions

Any non permanent writing is Rabbinically prohibited. This is true both if the writing is temporary or if the writing surface is of a temporary nature. This includes:
Writing with frosting (which will melt) on a cake [or erasing frosting on a cake]
Writing on a misty window
Using an “etch a sketch”
Making pictures with ketchup or juice.
Asking a non-Jew to take your picture is considered Amirah L’Akum and prohibited.
Making a mark (even with a fingernail) for a significant purpose is considered kosev midrabanan.
Shinui – writing in an unusual manner such as your left hand (for a righty) or holding the pen in your mouth is forbidden on a Rabbinic level.

It is permitted to draw in the air or on a dry paper with your finger where there is no impression at all, or to make foot marks in the snow or mud inadvertently even if there are words on the bottom of your shoes.

One can obtain a mug (from Snapfish) that upon filling the mug with a hot liquid causes a picture to appear on the side of the mug. It is debatable whether this considered writing; all you’re doing is effecting a chemical reaction. Additionally it is only a temporary writing and would be Rabbinic. However one should be stringent. When there is no new picture being formed (such as the blue mountains on the Coors bottle) it is permitted.

Birthday Cake

As we mentioned, writing or erasing frosting on a cake is problematic. The Mordechai writes that one should not break a cookie that has letters written upon it. This is quoted as halacha by the Rema. Rav Ovadia Yosef writes that one may be lenient, Ashkenazim however must be stringent.

There are several exceptions:
One may give it to a child.
One may be lenient with breaking it in their mouth.
The prohibition does not apply when the letters are made of the same material as the cookie or cake, such as when made in a mold.

Prohibitions Derived from Kosev

All business transactions are forbidden on Shabbos because they are usually accompanied with writing. This extends to gift giving as well. Therefore if one brings a gift for their host on Shabbos they should either bring it before Shabbos or not present it as a gift. Similarly some shuls present a Bar Mitzvah with a set of Chumashim or the like, the Bar Mitzvah boy should be instructed to not acquire the gift on Shabbos.

With certain conditions it is permissible to buy Shabbos food on credit from a store on Shabbos itself:
a) The food is for Shabbos
b) The words buy or sell are not used
c)One may not say “I’ll pay you after Shabbos”, rather he must say “we will make arrangements after Shabbos”
d) One may not order by weight or price

Measuring is also prohibited because it is usually accompanied with writing. If the measuring is done for a mitzvah it is permitted.

Friday, November 13, 2009

Bowing and Bouncing in Jewish Law and Practice

A lot of confusion surrounds the motions of the daily prayers, particularly the bowing. I have attempted to elucidate things a bit.

Before we discuss the actual bowings, several introductions are necessary.

Biblical Bowing

In the times of the Bais Hamikdash, bowing came in several forms:
Kida – total prostration. This is very difficult to do; it basically involves falling flat on your face and then moving yourself forward with your thumbs.
Kriah – falling to your knees, often as a preparation for Hishatachvaeh
Hishatachvaeh- knees, palms and forehead on the floor
We do none of these; our bowing is referred to a ‘sicha’ or bending.

Extra Bowing

The Gemara says (Berachos 34) that one who bows in any other blessing in Shemonah Esrei should be stopped. Furthermore, the Gemara tells us that making extra bows in Hallel or in the thanksgiving portion of Grace after meals is considered distasteful.
All the Rishonim ask: The Gemara previously recorded that Rabbi Akiva would begin praying in one corner of the room and due to his excessive prostrations would end up in a different corner of the room. They resolve this in several different ways:
• He bowed in the middle of the blessings, not the beginning or end. (Tosfos, Rosh, Mordechai)
• It refers to his own added blessings after he finished the formal Shemonah Esrei (Re’ah , Ritva, Raavad)
• The prohibition is specifically in blessings of thanksgiving. Hodaah has a dual inflection – thanksgiving and submission. When intended primarily as submission Chazal legislate bowing. It is therefore ‘distasteful’ to bow in other blessings of thanks, for that implies a different understanding in the prayers than intended by Chazal. (Taz, Meiri, Chidushei Anshei Shem).
The practical ramifications of this dispute will come into play shortly.

Shemonah Esrei

The only bowings legislated by the Gemara are the ones in the Amidah. The Gemara (Berachos 34) tells us there are four times one should bow; the beginning and end of Avos and the beginning and end of Hodaah.
Additionally the Yerushalmi writes that one should bow together with the Shaliach Tzibur at Modim. (We’ll get back to that soon).
The bowing the Gemara refers to is just bowing ‘like a reed’ and doesn’t involve the bending of the knees. The source of bowing at the knees when saying Boruch is the Zohar in Parshas Eikev, first quoted as a Halachic obligation by the Magen Avrohom (113:4).
According to all opinions, one should revert back to an upright position before uttering the name of Hashem, both in Modim, and in the other Berachos.
All other bowings were added to the prayer service. We will attempt to go through them.

Zokef Kefufim

The morning blessings were originally intended to be said as the actions to which they refer were performed. The blessing of “He who straightens the bent” was initially instituted to be recited as one straightens up first thing in the morning.  Now we say them all at once before beginning davening, and this is no longer applicable.

Kaddish

The Shulchan Aruch (OC 56:4) counts five bows that are to be made during Kaddish. The Vilna Gaon strongly objects to this practice, and writes than there should be no bowing during the Kaddish as this violates the precept to not add bowing.

Borchu

The universal custom is to bow when reciting Borchu, both during the davening and when receiving an Aliyah. The Mogen Giborim questions the source of this minhag (which has been around for a while, it’s recorded by the Kol Bo). The Biur Halacha (113) suggests the verse in Divrei Hayamim (1:29:2) which indicates that all bowed when reciting Borchu. He concludes that Minhag Yisroel Torah, and it should definitely be done. 
The Magen Avraham brings a dispute as to whether one should bow when reciting Borchu specifically upon receiving an Aliyah. The Aruch Hashulchan writes that the custom was to not bow. Even the Aruch Hashulchan agrees that one should definitely bow at Borchu during davening.
The Shaarei Teshuva writes (57:1) that one should face east until after one completes “Boruch Hashem Hamevorach Leolam Va’ed” The Aruch Hashulchan is dubious about this, and writes that is not Halachically imperative.

Modim DeRabannan

The Yerushalmi writes that when the Chazzan reaches Modim the congregation should bow with him. There are several approaches:
The Shulchon Aruch says you should bow at the beginning, and adds that some say to bow at the end of Modim DeRabannan as well, and he recommends doing so.
The Rema writes the minhag is to say the whole Modim DeRabannan in a bowed state.
The Bach says not to bow, rather to just bow the head slightly, the Mishna Berura comments that this is not the Minhag.

Oseh Shalom – The End of the Amidah

The Shulchan Aruch writes that one should bow and take three steps back at the end of Shemonah Esrei. He should remain bowed and then, after completing the three steps, while still in a bowed position, turn to the left and say Oseh Shalom Bimromav, turn to the right and say Hu Yaaseh Shalom, Aleinu, and then bow forward and say V’al kol Yisrael Veimru Amen.

Kedusha

Some have a custom to bow when saying “zeh el zeh”. The Minhag Yisrael Torah struggles to find a source for this, ultimately attributing it the Lelover Siddur.
The custom to rise up to one’s toes when reciting “Kadosh Kadosh Kadosh” is brought by the Rema (127). The Shelah adds Boruch and Yimloch as well.

Birkas Kohanim

The Magen Avraham (127:3) quotes the Zohar who writes that the Chazzan should face in specific directions when reciting the Priestly Blessing in the repetition. At Yevarechacha he faces toward the Aron Kodesh, at Yishmerecha his right. At Yaer Hashem he faces the Ark, at Eilecha Veyichunecha he faces his right. (Cf. Siddur Yaavetz). The Minhag Yisrael Torah records a dispute as to whether one should bow slightly as well.

Friday, November 06, 2009

Hachnasas Orchim - Welcoming Guests

General Overview

The Mitzvah of inviting guest to our homes is a well known one, and one which I was fortunate enough to have ingrained in my psyche from a very young age, thanks to my parent’s very open house policy. It behooves us to understand the greatness of this Mitzvah, as well as how to be a proper host and guest from a Halachic perspective.
Chazal have promised great blessings to those who welcome guests into their homes. It is counted amongst the mitzvos that one ‘receives the fruit from in this world, but his capital remains undiminished in the World to Come’.  One who performs Hachnosas Orchim properly merits children, as we see from Avraham, who after feeding his guests was told that he will have children.Its also inferred from the Shunamite woman, who after hosting Elisha was promised a son. (Tanchuma Ki Setzei, Yalkut Shimoni Mishlei 4:837)

We find many examples of Hachnosas Orchim throughout Tanach. I’d like to list them, as well as the applicable lessons derived.

Noach – Was invited into the Ark by G-d. From here the Zohar learns that one should verify that his guest is not evil (Hashem first proclaimed Noach a Tzaddik and then told him to enter the ark). Additionally, onemust be invited, and cannot bring along his family unless explicitly allowed (Hashem instructed Noach to enter the Ark with his household).
Avraham –Left an audience with Hashem to go take care of his guests, teaching us that Hachnosas Orchim takes precedence over speaking to the Shechina. He would actively seek guests. He would give them food that was of better quality than they were used to receiving. He built roadside stands with food and drink for travelers.  The Gemara in Bava Metzia 87 goes through the entire story of Avraham step by step and explains how the Jewish People were repaid by G-d for Avraham’s chesed. The actions performed by Abraham himself were repaid by Hashem himself, those delegated to a messenger were repaid via messenger.
Lot – Risked his life to invite guests to his home, who in turn saved Lot’s life.
Eliezer and Rivka – Eliezer devised a litmus test of eligibility to marry Yitzchak based on how the prospective young lady would invite him to the house. Rivka passed with flying colors, thus becoming a Matriarch of the Jewish People.
Yisro - Told his daughters to invite Moshe Rabeinu to their home, and was rewarded by having descendents who were members of the Sanhedrin.
Egypt – Although our sojourn there was far from pleasant, we are instructed to have gratitude to the Egyptians for hosting us. This is manifested in two ways: a) We must accept them as converts and b) the Gemara (Eruvin 118) writes that when Mashiach comes Egypt will want to bring him a gift, he will want to refuse it, but Hashem will instruct him to accept it “for they had provided refuge for My children”.
Amon and Moav – Did not offer us food when we passed by them on our journey through the desert. As a result their men are not allowed to join the Jewish nation, even though they descend from Lot and by right should be closer than others.
Shunamis – The Shunamite woman who provided a small room for Elisha when he passed through. As a result she was blessed with a son.
Yehonasan – Did not bring King David bread. This led to a chain of events that ultimately led to the massacre of the city of Nov and the death of Saul and three of his sons.
Micha – Avoided having his name placed in tis rightful spot on the notorious list of people who have no share in the World to Come, because he offered bread to all wayfarers.
The False Prophet – A false prophet misled Ido Hanavi, and caused him to violate the Word of G-d. But since he had given him food he merited true prophecy.
Iyov – had a house that was open on four sides and was known for his hospitality. Although the Gemara reports that he did not measure up to Avraham Avinu’s standards, it’s obvious that he excelled in this mitzvah.

Who is considered a Halachic Guest?

Although it is commendable for one to have many guests, there is a criterion that needs to be met in order to be considered a Halachic guest.
The Rema (333:1) explains that a Halachic guest is one who is sleeping at his house, or is sleeping at someone else’s house (not his own) and you are inviting them for a meal. Such a meal is considered a Seudas Mitzvah. The Mishna Berura adds that one may invite others to honor his Halachic guest and that would also supersede the above Rabbinic prohibitions.
The guest can be rich or poor, although with a poor guest one has the added benefit of Tzedaka.
If one accepts payment for hosting guests it is not considered fulfillment of the mitzvah (Kaf Hachaim 333)
There are certain halachos that are affected by guests:
The Gemara relates that having guests is equal, or perhaps greater than, going to learn Torah. The Chofetz Chaim writes that if one is on their way to learn and a guest arrives, if no one else is available to take care of the guests he should postpone his learning to take care of the guests.
There are certain secondary Rabbinic prohibitions that are suspended on Shabbos in order to do a Mitzvah, these would be suspended for a Halachic guest as well. The Mishna Berura adds that one may invite others to honor his Halachic guest and that would also supersede these Rabbinic prohibitions.

One can salt his meat for less time than usual if he has waiting guests

How to Host

The Chofetz Chaim (Ahavas Chesed 3:2) explains that the story of Avraham was given to us to understand how to properly host guests. Some of the lessons:
Offer water to wash up
Before offering food, offer rest
If the guest is rushing, don’t delay them
Bring each dish as it is ready
Include your children
Walk the guest out
He then adds other dinim that he collected from other Seforim:
Greet your guests smilingly
Don’t tell them all your financial problems - portray yourself as financially secure so that they don’t feel badly about eating from your food.
Don’t watch them eat so as not to embarrass them.
Put your guests in your best beds.
Walk them out; give them directions to get them where they’re going. The Rambam writes that this is the most important part of the Mitzvah and one who is lazy about this is considered paramount to a murderer. [As deduced from the Eglah Erufah incident]. The Chazon Ish said that in a place where there are other people in the street he may not be obligated.
The minimum one should escort his guests is 8 feet outside of the house.
If possible designate a room in your home as a ‘guest room’.
Additionally:
One should not invite someone he knows will refuse the invitation in order to score ‘points’ with them. (Chullin 94a)
The Gemara says a woman has a better read on the guests than a man
One isn’t obligated to trust their guests (Kallah 9 – see story there)

How to be a Guest

One must be invited and wanted
Stay in the same place every time unless they don’t want you.
One should not feed his hosts children without express permission
A guest may invite another guest (Bava Basra 98b) however Chazal refer to this practice as despicable (Derech Eretz Zuta 8)
A good guest recognizes the difficulties the host has gone through to host him (Berachos 58a)
One should inquire as to the welfare of the host’s household
A guest is obligated to follow all the directives of their host (excluding a directive to leave, according to one version in the Gemara) (Pesachim 86b)
There is a special blessing that is to be recited by a guest during Birkas Hamazon for the host. This is obligatory (Shulchan Aruch OC 201)

Communal Obligation

There is a communal obligation to host all guests. Members of the community can ‘force’ each other to have guests.

Friday, October 23, 2009

Fish and Meat

You buy some Tropicana Orange Juice with Omega 3’s added. Your mother always told you to drink OJ with your Salami, so you pour a tall glass to go with your deli sandwich. As you’re pouring, the “OK fish” designation catches your eye. What are the implications?

You’re the cook in a large camp. Hurried and late on Friday afternoon, you grab what you think is a loaf of kishka from the freezer and toss it into the chulent. Shabbos morning you realize the chulent smells a little funny. Upon closer inspection you realize it was a loaf of gefilte fish. What now?

In an effort to lower your cholesterol you switch from hamburgers to grilled fish. Can you use the same grill? How well does it have to be cleaned?

You use Worcestershire Sauce to prepare your steaks. Your grilling buddies point out that it contains anchovies. May you continue to use it?

The Prohibition

The Gemara in Pesachim 76b states: “Fish that was roasted together with meat should not be eaten for it is bad for odor and for something else”.  Odor refers to bad breath (Mordechai) “something else refers to tzaraas (Rashi).

The Shulchon Aruch rules (YD 116:2) that one should not eat meat and fish together because it causes tzaaras. The Rema adds that they should not be roasted together because ‘Reicha’ or smell is considered significant and transfers from one to the other but if done it is not forbidden. If they are cooked together (not roasted) or they are close enough that the juices ooze from one to the other, they are forbidden.

In fact, in the Darkei Moshe the Rema writes that even though when meat and milk mix if one is less than 1/60th we consider it nullified and it is permitted, in this case we won’t say that because of “chamira sekanta meisura”. This is a Talmudic concept that teaches that we are more stringent for health related prohibitions than other prohibitions. Some Poskim are lenient and allow it to be nullified in 60.

Fish and meat may be eaten consecutively, but there is a dispute as to whether one needs to wash their hands and mouth between them. Sefardim are stringent and Ashkenazim are more lenient. Many (Ashkenazi) Poskim say that one should take a drink and/or eat something such as bread between them. This is the source for the post fish lechaim. [There is a Halachic basis to not drink water after fish. Hence the minhag developed to drink schnapps]. 

The Leniencies

All this only applies to actual fish residue. One may use the same pots for fish and meat as long as they are cleaned well. (Unlike milk and meat, where we say that some flavor is absorbed in the walls of the pot themselves). Similarly, meaty knives may be used for fish as long as they are clean.

Magen Avrohom (173) writes that nowadays there is no danger in mixing fish and meat and perhaps there is room to be lenient. The universal custom is not like the Magen Avrohom. [The Rambam does not quote this Halacha, presumably for the same reason].

The Divrei Malkiel is lenient on Shabbos, as far as I know the custom is not to be lenient.

Fish and Milk

The custom among many Sefardim is not to eat milk and fish together (think lox and cream cheese, tuna melt). They are lenient with butter on fish though.

Kashrus Organization Policy

As far as I can ascertain, the OU will mark an item with more than 1/60th fish as OU fish. Less than 1/60th they will not mark, but the fish will be listed on the ingredient panel for those who are stringent. The primary application is kosher marshmallows and Worcestershire Sauce. I don’t know what the OK policy is as far as the Omega 3 OJ is concerned, if anyone knows please comment.

Tuesday, October 13, 2009

The Writing of Torah Shebal Peh (the Oral Law)

The Writing of Torah Shebal Peh (the Oral Law)

Based on Halichos Olam

Torah Shebal Peh is not allowed to be written down (Gittin 60b)

The reason for this is that this ensures an accurate transmission from generation to generation because one will have to study from a master who will ensure that he is understood correctly. (Ritva Ibid).

Rabbeinu HaKadosh (also known as Rebbi and Rav Yehuda Hanasi) (165-220CE) lived in the last generation of Tannaic scholars, and realized that due to the series of tyrannical rulers over Israel, and the laws and edicts forbidding Torah study, Torah Shebal Peh was being forgotten.

Due to Rebbi’s unique relationship with Antoninus, the Roman Emporer, there was a brief respite from the Jews troubles. Rabbi Yehudah Hanasi took advantage of the opportunity to, with the agreement of his contemporaries, convene a meeting of all the receivers of the mesorah of the Oral Law. They all recalled their teachings and it was written down and organized by Rebbi.

This work, known as the Mishnah (literally review) included anything that was transmitted from Moshe Rabbeinu on Mt Sinai and all their practical applications and disputes in theory practical applications. It also included later edicts, rules and safeguards that were enacted by the Rabbis.

The Mishna has six sections:

a) Zeraim – deals with the laws of agriculture
b) Moed – deals with calendrical events
c) Nashim – laws of marriage, divorce, levirate marriage and other marriage and vow related issues
d) Nezikin – laws of damages and monetary law
e) Kodshim – laws of sacrifices and other Temple related laws
f) Taharos – laws of Ritual purity and impurity

As the Mishnayos were typically precisely worded and cryptic, several of Rebbi’s students wrote parallel texts explaining the Mishanayos with additional reasoning and textual sourcing. These are known as Braisos or Tosefta.

Several generations later, a need was once again established to write down the Torah Shebal Peh by Rav Ashi, this time with much more detail and in greater length. This work, known as the ‘Gemara’, is based on the Mishnah but is an all-encompassing work and much broader in scope than the Mishnah.

The Gemara, or Talmud, has four objectives:

1) To fully explain the Mishnayos in their entirety and to add any additional dialogue that may have postdated the Mishna. To this end, the Gemara will often bring in Braisos to help elucidate the Mishnayos.
2) To issue a definitive ruling in the case of a dispute
3) To add any gezeiros or edicts that had been issued since the Mishna
4) To add various moral and ethical lessons to the masoretic tradition

This work was largely done by Rav Ashi in two editions (Baba Basra 157b) it was then added to very minutely by the Rabanan Sovrai, at which point (498CE) it was closed to further annotations.

For a more over-arching view of Torah Shebal Peh please read Rabbi Fink’s excellent article. Make sure to read the comments as well.

Friday, October 09, 2009

Simchas Torah (and Shabbos) sales

Many shuls have a Simchas Torah auction. In this auction the honors of the day, the aliyos, hakafos, Mussaf and so on are sold to the highest bidder. Many synagogues take this a step further and sell the honors for the whole year such as the ‘honor’ of being allowed to pay the electric bill. I believe this honor is still available at my Shul, drop me a line if you’re interested.

What is the permissibility of such an auction? After all, we know that one is not allowed to talk about money or engage in buying or selling on Yom Tov and Shabbos!

The Halacha is that one may say they are giving a specific amount of money to Tzedaka on Shabbos. The Rema (306:6) uses this to explain how we may give a specific amount to the Shul upon receiving a Mi Sheberech, the prayer for one who has been called up to the Torah. Perhaps a natural extension of this law would be to allow an auction for mitzvos as well.

The Maharshal however, quoted by the Magen Avrohom, is hesitant to embrace this extension. In an effort to resolve the minhag he says that perhaps there is no ‘Mekach Umemkar’ or business dealings which are prohibited on Shabbos with Mitzvos. In any case, selling seats or other tangibles would definitely be prohibited according to the Mahrshal.  He recommends that in all auctions the bidders should resolve to pay their bid whether or not they win the auction. That way it’ll be less business-like and more Mi Shebeirech like. I hear there was a Shul in California that actually did this.  I’m sure most Rabbis and Shul presidents could easily adapt to this minhag.

The Aruch Hashulchan, in an effort to justify the practice explains: The bidders aren’t bidding as in a conventional auction. Rather they are saying that if I am privileged to receive the Aliyah, (or other honor) then I will give such and such to Tzedaka. He concludes that one should not question this practice and it is unequivocally permitted. He mentions the concept of all the bidders, even the losers, giving their bid to Tzedakah and he calls this a pious act but not obligatory. [The Aruch Hashulchan does stress that this is only in reference to intangibles, seats and such would definitely be prohibited].

The Mishna Berura in a more tempered approach writes that there are those who allow the bidding practice and those who disallow it, and in a place where it is done one should not protest it.

I have seen of late several shuls who offer an online auction before yomtov. This approach would prevent any potential problems, (and enable one to pay with Paypal).

Wednesday, October 07, 2009

Hoshana Rabbah – Doing It Right

Overview

The seventh day of Sukkos is known as Hoshana Rabbah, the day of many Hoshanos (or Hosanna’s). We will attempt to shed some light on the practices of the day.

The origins of Hoshana Rabbah are in the Mishnah (Sukkah 4:5) which informs us that the custom was to circle the Mizbeach one time on each day of Sukkos and seven times on the seventh day. So too we circle the Bimah one Hoshana each day of Sukkos and seven Hoshanos on the Seventh day.

Hosha Na is literally a plea for salvation. In the Beis Hamikdash while circling the Mizbeach they would exclaim either ‘Ana Hashem Hoshea Na’ from the Hallel prayer, or ‘Ani V’Ho Hoshia Na’ which Rashi explains is the Gematria of Ana Hashem. [Rashi, in an unusual deviation from his classic pshat style offers an alternative Kabalistic explanation based on the verses describing the Clouds of Glory surrounding the Jewish People in the desert.

The Rishonim explain that the reason that this is specifically done on the seventh day of Sukkos is as follows: Sukkos is the Day of Judgment for water. This means rain and, in a broader sense, all livelihood. We therefore add special prayers to ask for a good year. The Gemara records a dispute as to whether this is a prophetically ordained custom or not, but we do know that it traces back to the Beis Hamikdash. 

The Night

The Mogen Avrohom records: The custom is to stay awake on the night of Hoshana Rabbah. There is a ‘Tikun’ some are accustomed to say, and the Avudraham, writes that one should review the entire Torah from beginning to end. Many places, as per the Arizal, are accustomed to read the entire book of Devarim, which is considered Mishna Torah a review of the other four books. (Presumably this is in preparation for Simchas Torah, the celebration of the completion of the Torah). According to the Arizal one should then recite the entire book of Tehillim. Some have a custom to actually read this from a Torah Scroll; others have Halachic objections to reading from a Torah without the proper blessings etc.

Many others are accustomed to just study Torah, any Torah, on the night of Hoshana Rabbah. Many shuls offer shiurim and classes for those who are interested.

The Morning

Some men go to the Mikvah, The Pesukei D’zimrah for Yom Tov and Shabbos is recited with two important changes. A) Mizmor L’Todah is added and B) Nishmas is omitted. The Chazzan wears a kittel. The rest of Davening proceeds as Chol Hamoed.
The Shulchon Aruch brings a Minhag to loosen the bindings of the Lulav. They should still remain tied but loosened on the top part of the Lulav. There is some discussion as to when precisely to do this; it seems that at least for the blessing on the Lulav it should still be tied as usual.

As mentioned, during Hoshanos we circle the Bimah seven times instead of the usual one. In some congregations they blow the Shofar after each circuit.

We then return to our seats and proceed with the various tefillos for rain and sustenance. At some point during this exercise we exchange the Lulav for the Hoshana bundle. 

The consensus of the Poskim and the Arizal is that one should never holds the Lulav and the Hoshanos together. There are four opinions as to when the exchange happens:
1) Rema writes that we make the switch when we begin the prayers for water (commonly understood to mean upon returning to our seats). 
2) The Shelah writes that one should make the trade before the Taaneh Amunim prayer which is the custom and (or perhaps because) how it is printed in most Sidurim.
3) The Taz recommends switching at the very end right before ‘Kol Mevaser’, and
4) the Arizal will have you holding the Lulav until after the Kaddish and only then switching and immediately proceeding with the banging.

The Rema writes that the bundle is waved, just as the Lulav is waved. The Aruch Hashulchan says that although this is not our minhag one should wave their Hoshana bundle a little bit so as to fulfill the Rema.

The Banging

When to Bang: Some bang immediately before the final Kaddish, Some in the middle of Kaddish before Tiskabel and some after the end of Kaddish which was the Minhag of the Arizal and is quoted by the Baer Haitiv.

How to bang:  The Mechaber is very laissez-faire about this. He says that you bang two or three times, on the floor or on vessels. The Arizal says to bang specifically on the floor five times. This signifies that you are ‘burying’ the judgment. In fact the Ben Ish Chai writes that it must be specifically unpaved, virgin earth. There is however an advantage to banging on vessels for they cause the leaves to fall off which symbolizes shredding the decrees. Therefore the Pri Megadim and the Mishna Berura recommend following the Arizal, and then continuing to bang on vessels until some of the leaves fall off. To continue banging until all the leaves fall off is, in the words of the Chaye Adam, childish gleeful play.

The Hoshana Bundle

The minimum shiur for the Hoshanos is one stalk with one leaf on it. The Rema however refers to doing so as uncouth and recommends procuring beautiful Hoshanos.

Halachically three Aravos are recommended; the Arizal recommended using five branches. The Levush is of the opinion that there should be seven branches. The common custom is to have five branches in the bundle.

The bundle is often tied together with strips of Lulav or even rubber bands (as per the Magen Avrohom) or strips of Aravah itself (as per the Pri Migadim). There exists a Minhag not to tie them at all as well.

Some have a custom to obtain a bundle for every member of their family. There are various opinions as to the propriety of recycling Hoshana bundles; it seems that halachically as long as the leaves are still attached it would be ok.

Disposal: There is a custom to save the Hoshanos as kindling for the Matzah baking. The custom to throw the Hoshanos on top of the Aron HaKodesh is of dubious origins, some felt it should not be done as it is a bizayon of the Mitzvah, and others felt it was consistently in the spirit of banging them on the ground.

As an aside, the custom for pregnant women to bite the pitom off the Esrog is brought in the Nazir Shimshon to Mesechta Sukkah. It is heavily attacked by the Mekor Chaim (author of the Chavos Yair) who writes that thankfully this Minhag has already been stopped by the Tzenah Urenah and it should not be done. At the very least, it should not be done until after Simchas Torah according to all opinions.

The Meal

It is customary to have a festive meal on Hoshana Rabbah. Traditionally Kreplach are served as is the custom on Purim and Erev Yom Kippur. This meal should not take place after Mincha Ketanah, (9 Halachic hours into the day) and preferably should begin before Chatzos (Halachic midday).