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Friday, May 22, 2009

Staying Up to Learn on Shavous Night

This post was written on the yahrtzeit of my grandfather Matisyahu ben Chaim Rafael and is dedicated to his memory. May his neshama have an aliyah

There is a widespread custom to stay up all night on Shavous and study Torah. There is an interesting history to this Minhag. The Medrash tells us that when the Torah was given, the Jewish Nation as a whole slept in, and had to be awoken by G-d to receive the Torah. In reparation, we stay up all night and study Torah. (Magen Avrohom).

The Arizal writes that one who does not sleep at all, and spends the entire night immersed in Torah study, is promised that he will live out the year without harm. Some are careful not to speak at all (aside from words of Torah) until after davening.

We are faced with an interesting dilemma when it comes to making the morning blessings.

Netilas Yadayim – there is a dispute as to why we make a blessing upon washing our hands in the morning:

Either because we have slept and therefore may have touched somewhere that would require washing before davening (Rosh),

Or because we are newly recreated beings upon awakening in the morning after sleep, and therefore say all the morning blessings, and the process that was instituted was to begin with washing our hands and making a blessing much as the Kohen would do in the Beis Hamikdash before beginning to go about his duties. (Rashba)

Practically we would need both reasons to require making a Bracha. Therefore if one is awake all night, the Rema rules that he should wash his hands without a Bracha. The Mishna Berura suggests that one relieves oneself immediately after Amud Hashachar, at which time he can make the blessing according to everybody, The Rosh because relieving oneself requires washing before davening, and the Rashba because he is a newly recreated person.

Elokai Neshamah and Hamavir Shaina – These are blessings that are said to thank Hashem for ‘waking us up’ something not apropos for one who hasn’t slept. The recommendation of the Poskim is to hear these two Brachos from someone who has slept. The minimum required amount of sleep is ’60 breaths’. There are various opinions as to what this means ranging from about three minutes to about three hours. The commonly accepted view seems to be ½ an hour.

Tzitzis – Someone who wore their tzitzis all night does not make a new Bracha in the morning. The proper thing to do is to either put on, or be yotze with someone who puts on, a Tallis Gadol, and make the appropriate blessing on that.

Birchas HaTorah – There is a dispute among the Poskim if Birchas HaTorah should be recited by one who was awake all night. The Mishna Berura rules that Safek Berachos Lehakel and they should not be recited, rather he suggests one try to be yotze with someone who had slept, or have in mind to absolve himself with Ahavah Rabba (or Olam).

The Mishna Berura quotes Rabbi Akiva Eiger that if one slept during the preceding day (in our case Erev Shavous) then according to all opinions he can say Birchas HaTorah.

There is a custom quoted by the Shelah to go to the Mikvah immediately after Alos HaShachar before Davening.

Regarding Maariv on the first night of Shavous, In order that Sefira should be Temimos or complete, we don’t start Maariv until after Tzeis Hakochavim (certain nightfall). For the same reason, some suggest that even women who usually light candles before Yom Tov begins, should wait to light until after that time. (Luach Eretz Yisroel).

Thursday, May 14, 2009

Chalitza

As many of you know we were blessed with a beautiful baby girl this week. It’s been busy, so I present here a guest post by Rabbi Avraham Reit explaining the entire chalitza process. Rabbi Reit is the ultimate "Do It Right"er, having actually written the book(s) on the subject, namely Lekichah Tamah on how to practically buy a beautiful set of Arba Minim, and Teka BeShofar, an excellent how to guide to learn how to blow the Shofar. If anyone is interested in procuring either of these books please contact me. Enjoy!

When a man dies, and leaves a wife but no offspring the matrimonial bond is passed on to his (oldest) brother. The widow must sever this bond by means of chalitza, a process whose result is similar to divorce, before she is permitted to marry someone else. (There are also other reasons pertaining to the soul of the deceased for which chalitza is performed, but that is beyond the scope of this article.) Although the Torah provides two options for the widow, yibum, a form of marriage to the brother, or chalitza, Ashkenazi custom proscribes yibum and instead encourages that chalitza be done.

What follows is a brief overview of the chalitza ceremony. This article covers only information that would be helpful for the participants or on lookers to know in advance.  Omitted are any preparatory instructions the rabbi may give the participants in advance, or such information that is pertinent only to the rabbi.

After shiva (the seven day mourning period for the deceased husband) is concluded, the widow must contact her rabbi to initiate the chalitza process.  Usually the rabbi will refer her to a rabbi who is a chalitza specialist. It is important to use a specialist because the chalitza ceremony is a technical procedure, for which a strict protocol is prescribed.

The specialist rabbi assembles the required Bais Din/Rabbinical Court. The Rabbinic Court consists of five members, the presiding rabbi (the specialist), two primary justices and two secondary justices. Typically these positions are allotted to the rabbis’ students, local rabbis or distinguished members of the community. All decisions regarding eligibility for participation in the Rabbinical Court and all other matters pertaining to the chalitza are decided solely by the presiding rabbi. 

The presiding rabbi is the main member of the court. He directs the proceedings and makes all required decisions. The two primary judges make certain observations and declarations together with the rabbi. The secondary judges do not play an active role and are there to fulfill the Biblical injunction that the court have five members.

 The Rabbinic Court sets a date for the performance of the chalitza ceremony. The date must be not less than ninety-two days (inclusive) from the date of the late husband’s death.  From the time the date is selected the widow is called a "chalutza" (lit. extractor) and the brother is referred to as the "choletz" (lit. extractee).

The Hebrew term choletz implies active participation, though, as this article will show the choletz is a passive participant. This term was chosen to alert the choletz that he must actively participate with his intent to free the chalutza by means of the chalitza, a point the presiding rabbi will make in his preparatory remarks.

On the eve prior to the chalitza, between the Mincha and Maariv prayers, the members of the Rabbinical Court gather in the lobby of the designated shul.  The presiding rabbi declares to the other members of the court, “Come, let us designate a place for the chalitza.”  The members of the rabbinical court then proceed to the shul or other room chosen for this event. When they arrive at the designated site they seat themselves in formation, the presiding rabbi in the center, the two primary justices, one on either side of him, and the two secondary justices sitting off to the side. The presiding rabbi proclaims, “Tomorrow we will perform a chalitza here.” The area is then cordoned off with rope, tape or signs advising people to stay out of the area until the time of the chalitza ceremony. Signs are also posted announcing the chalitza ceremony.

The following morning the chalutza may not eat, drink or even rinse her mouth before the chalitza ceremony. This is a precaution necessary to assure that her mouth will be clear of any foreign matter when she prepares to spit, as will be explained below.

After the morning prayers the rabbis convene in the lobby as on the previous evening and the presiding rabbi announces, “Let us go to the place we designated yesterday.”  From this point on until the completion of the chalitza no one other than the presiding rabbi is to speak unless instructed to do so by the rabbi.  The presiding rabbi leads the way, followed by the two justices and the two secondary justices, two court assigned witnesses, a court attendant and any friends, family or members of the general congregation that are present. (It is best that there should be at least ten adult males in attendance for the ceremony.) The justices seat themselves in the same formation they did the previous day.

The rabbi then calls for the choletz and chalutza to appear before the Bais Din.  The first to enter is the chalutza, her mouth covered with a scarf. The scarf protects her from spitting to soon. If she were to inadvertently spit while addressing the court she will complicate things unnecessarily. She is followed by the choletz. They are both seated in front of the Bais Din.

The Rabbi now begins to read the script that enumerates steps of the procedure in Hebrew as found in Shulchan Oruch. He has the discretion to read softly to himself or to read out loud, to translate or not, or a combination of the above. During this reading he calls upon the witnesses to: provide details about the deceased; to positively identify the choletz and chalutza, their relationship and their eligibility to participate.

The choletz is called upon to make several legal declarations including an annulment of vows. The rabbi asks both the choletz and chalutza to participate in some responsive readings.  It is essential that the words be pronounced and grouped exactly as the rabbi dictates to them. Occasionally it may be necessary to have the participants read from the original Hebrew or a transliterated text, although it is usually avoided.

When performing the chalitza the woman must use her primary hand, the right hand for most and the left hand for lefties. The shoe must be on the man’s primary foot, usually the right but for some the left. The rabbi will now request the choletz and chalutza in turn, to demonstrate whether they are right or left handed and right footed respectively.

At this point the rabbi takes the choletz to a somewhat private location to scrutinize the choletz’s foot for any chatzitzos (foreign matter). The choletz should have previously washed his foot according to the instructions given to him in advance and it is unlikely the rabbi will find any problems. However, sometimes it may be necessary for a closer inspection, including examining between the toes. Sometimes the presiding rabbi will find it necessary to send the choletz back for another washing.  After inspecting the choletz’s foot the rabbi instructs the court attendant to fit the shoe on the choletz.

 The choletz now reappears before the Bais Din.  He is told to position himself for the chalitza ceremony. He is directed to stand erect and rest his back on a board set for the occasion. He leans on the board which is set against the wall at an angle of approximately a hundred and ten degrees.   He must hold the foot with the chalitza shoe limp so that the chalutza can work, while at the same time the heel must be pressed against the floor so he should not be assisting her. He must keep his foot in this position for the remainder of the ceremony, as this is the most comfortable and practical position. He must be careful not to assist the chalutza in any way and certainly not to lift his foot.

 The chalutza will now begin to remove his shoe. She should proceed slowly and be attentive to any directions she may receive from the presiding rabbi. She bends down and, in full view of the court proceeds to unravel the shoe’s straps, using her right hand exclusively. As she works the choletz must bear in mind that through the chalitza ceremony the chalutza is detached from him and free to marry whomever she wishes.

Once the straps have been unraveled and the buttons opened she is instructed to place her left hand partly on the shoe and partly on the choletz’s leg, and then again using exclusively her right hand, slide the shoe off the choletzs’ foot without any assistance from her left hand, the choletz, or by lifting his foot off the floor. Next she is instructed to wrap the straps around the shoe, lift it over her head and throw it some distance away from the Bais Din.

She now turns to face the Bais Din and when told to she removes the scarf covering her mouth. The rabbi now instructs her to gather saliva in her mouth. She must be careful that there is only saliva and nothing else, such as phlegm, in her mouth at this time.  When instructed, she will allow the saliva to drop on the floor in front of the rabbis and the choletz. When given the signal, all present exclaim “Bais chalutz hana’al” three times.

 The ceremony is concluded when the rabbis offer a short prayer that there should never again be a need for a chalitza.

 (Source: Seder Hachalitza as found in the back of SHulchan Oruch Even Ha’ezer.)

Monday, April 27, 2009

What Not To Do During Sefirah - The Real Story

What Not To Do during Sefirah – The Real Story

There seems to be a never ending stream of overly finessed minutiae as to what is or is not permitted during Sefirah. Let’s elucidate:

The Tur (OC 493) cites three things that were customarily refrained from during Sefirah:

1) getting married
2) getting a haircut
3) women abstaining from work after sundown

The Magen Avraham adds dancing to the list for a non mitzvah purpose. The Aruch Hashulchan writes that musical instruments are by nature more joy inducing than dancing and thus would be included in the Magen Avraham’s addition.

Although one can argue that the above would apply only to live music, the Poskim (Rav Moshe Feinstien, the Tzitz Eliezer, and Rav Ovadia Yosef) all extend the prohibition to recorded music as well.

The reasoning seems to be as follows: The Halacha is that music is always prohibited as it serves as a Zecher LeChurban, in mourning for the Beis Hamikdash. (There are some exceptions; I’ll save it for a future post).  Although there are certain leniencies employed, such as recorded music, during times of national mourning such as Sefirah those leniencies are suspended and we prohibit all music.

Being as the prohibition is a relatively recent one, and only a minhag, there are some leniencies considered by the contemporary halachic authorities:

• Inadvertent listening (in a store, doctor office, elevator, etc.)
• Rhythm inducing exercise music
• Cantorial singing with musical accompaniment
• Children’s tapes, toys and mobiles (for the child’s benefit)
• If one is studying to play an instrument as a paid professional (according to some even if one is studying to play for his own pleasure).

A Capella music has become the latest Sefira fad, there is intense exhaustive discussion on the matter to be found here. The upshot is that if the human voice was modified to the extent that it sounds like music then it shouldn’t be listened to. The overarching theme is that the goal we are trying to accomplish is a spiritual/emotional one – to reduce joy. So a work around is self defeating.

Haircuts were pretty much covered here.

Women not doing work doesn’t seem to have caught on. (Perhaps because the men were traditionally the ones who studied the Law ) The Mishna Berura says it would apply to men as well, at least until after they count Sefirah. The later Poskim discuss it and seem to concede that it’s not the Minhag and that that’s ok.

There are those who don’t make Shecheyanu or wear new clothes during Sefirah. This seems to be an idea that was borrowed (perhaps inadvertently) from the three weeks and has no solid Halachic basis.

Thursday, April 23, 2009

The Right Way to Shave during Sefirah

Sign seen in Shul:

This Shul adheres to the tenets of Shulchon Aruch. Anyone who davens for the amud in this Shul must also adhere to Shulchon Aruch. Therefore we do not permit those who shave during Sefirah to lead the congregation in Tefillah.

Poskim (those commonly relied upon to elucidate Shulchon Aruch) permit the following to shave:

• One who will face repercussions at work

• A Chosson during Sheva berachos

• Any time one would be allowed to shave during the 12 month mourning period for a parent (Rav Soloveitchik)

• On Friday, Lekovod Shabbos, for one who regularly shaves more than once a week (Rav Henoch Leibowitz based on the Chasam Sofer).

• A father or a Sandak on the day of the bris and the preceding afternoon

• According to the Minhag Ashkenazi until Rosh Chodesh Iyar, on Lag B’omer, the afternoon preceding Lag B’omer and the three days before Shavous.

• According to the minhag Sefardi after Lag B’Omer

• On Friday when Rosh Chodesh Iyar is Shabbos according to both Minhagim such as this year

• Women cannot get a haircut but may remove all other hair

• For a first date (Yeshiva Staten Island)

• A Chosson for his Aufruf (Noda BeYehudah, quoted by Shaarei Teshuvah)

• Whenever one would be allowed on Chol Hamoed :

  One who gets out of jail

  One who was released from cherem

  One who was released from a vow not to shave

  One who arrived from certain types of trips

  A child under bar/bas mitzvah

  A moustache that interferes with eating

Although I am not necessarily promoting all the above sanctions, I don’t believe that this would be considered ‘going against the Shulchon Aruch.

Any more? Please comment!

UPDATE 4/28/09: Some permit shaving on Yom Hatzmaut (Israel Independence Day). see here for full discussion.

Wednesday, April 15, 2009

Buying Chametz after Pesach

There is much ado every year as to where one can shop immediately following Pesach, how long the restrictions apply for and to what products. I hope this is found to be enlightening.

In order to properly understand the halachic implications we must first elucidate the basic supermarket structure.

The general chain supermarket model is as follows:

Manufacturer → Distributor → Supermarket Warehouse → Individual Supermarket

In terms of Halacha, Chametz that was owned by a Jew on Pesach is forbidden. ‘Chametz’, for the purpose of this exercise is a product with either a kezayis (1.1 fluid ounces) of Chametz or more than 1/60th of the final cooked product is Chametz.

Therefore, if any company in the chain is owned by a Jew, and owned the Chametz on Pesach, it would be forbidden to eat on Pesach.

Publicly held companies that have a partial Jewish ownership are the subject of Rabbinic dispute, but the commonly accepted view is that of the Zecher Yitzchak (7) that although minority shareholders are required to sell their Chametzdike shares before Pesach it does not render the Chametz forbidden after Pesach.

Now the facts:

Manufacturers obviously vary from product to product but most products found in the average supermarket are manufactured by publicly held companies.

Distributors buy tremendous amounts of food from the Manufacturers and then distribute to the national chains.

C&S Wholesale Grocers is a wholesale distributor of food and grocery store items. With headquarters in Keene, New Hampshire, C&S is the twelfth largest privately held company in the United States, as listed in 2008 by Forbes.

Israel Cohen and Abraham Siegel founded C&S Wholesale Grocers with a three-story, 5,000 sq. ft. warehouse that stocked 1,200 products. C&S serves now serves 5,000 independent supermarkets, regional and national chains, and military bases, making it the second-largest food wholesaler in the U.S. The company delivers over 53,000 food and non-food items from 70 distribution warehouses, located in 12 states and operates over 18 million square feet of storage space. Its customers include Safeway, Target, A&P, BJ’s Warehouse, Pathmark, Stop & Shop, Royal Ahold (Giant-Carlisle and Giant-Landover), Albertson’s (Shaw’s), Bi-Lo/Bruno’s,and Kroger.

Rick Cohen is Chairman and Chief Executive Officer.  He is the third generation Cohen to lead the company. (and presumably owns most of it).

White Rose Food is the largest independent food wholesaler and distributor in the New York City metropolitan area.

The White Rose story can be traced back to 1886. Two brothers, Joseph and Sigel Seeman, left their Uncle David’s company to pursue what they saw as the future of the grocery business. They predicted that the tradition of individual grocers picking up their own merchandise would fade, and a wholesaler who delivered would grow and prosper.

White Rose is now owned by Associated Wholesaler’s, Inc (AWI) which is a retailer’s co-op. This basically means that all the Supermarkets own the distributorship in order to harness their collective buying power.

So here we run into some problems. Let’s assume that Rick Cohen is Jewish, (that would assume a sad statistical improbability, seeing as the intermarriage rate over the last 3 generations in Keene, NH is presumably higher than the national average). Or perhaps a significant amount of the individual retailers involved in White Rose are Jewish. And perhaps the Chometz on your Supermarket shelf was in the distributors hands over Pesach!

Thankfully, Rabbi Tietz of Elizabeth, NJ, sells the Chametz of both of these companies. This means that even if the Chametz on the store shelf was in their possession on Pesach, it was sold to a non Jew.

The Halachic validity of a sale of Chametz to a non Jew where the Jew continues to do business with the Chametz for the duration of the sale sounds funny. Indeed Rav Soloveitchik was of the opinion that in those circumstances the sale is a sham and should not be relied upon. Rav Moshe Feinstein however ruled that the sale is a good sale, and the offending Jew is considered nothing more than a thief, doing business with merchandise that is not his. There is however a greater problem with Chametz that arrives in the store on Pesach. This Chametz wasn’t sold before Pesach, and is now owned by a Jew on Pesach. For this reason, Rav Teitz includes a stipulation in the contract of all the stores for whom he sells his Chametz that any Chametz that is purchased after the sale becomes effective is being purchased by the non Jew. Phew!

So we’ve gotten through the distributor stage. Now the merchandise moves to the Supermarket warehouse. These are usually owned by the Supermarket itself, with the notable exception of Wakefern/Shoprite.

The Wakefern Food Corp., founded in 1946 and based in Elizabeth, New Jersey (United States), is the largest co-operative group of supermarkets in the United States. The name “Wakefern” is a portmanteau of the founders’ names (W for Louis Weiss, A for Al and Sam Aidekman, K for Abe Kesselman, an E added for pronunciation, and FERN for Dave Fern), though the company adopted the name ShopRite for its stores in 1951.

Wakefern also created and operates or franchises the PriceRite limited-assortment chain of stores throughout Connecticut, New York, Massachusetts, Rhode Island, Pennsylvania and California. PriceRite is a wholly owned subsidiary of Wakefern.

The company supplies all of its members’ ShopRite stores as well as the PriceRite chain. In July, 2007, the cooperative announced that for the first time, it was offering its wholesale services to third-party supermarket operators, in Northeast and other areas of the country. Since then, Wakefern has announced deals to supply Gristedes Supermarkets in the New York City area, as well as the Heinen’s Fine Foods chain of supermarkets in Ohio.

So Wakefern is owned collectively by all ShopRite and PriceRite stores which are each individually owned. So like White Rose, there is a possibility that there are Jewishly owned Shoprites who in turn own a significant part of Wakefern.

Thankfully Rav Teitz once again comes to the rescue, and sells Wakeferns’ Chametz! So the only concern would be if your individual Shoprite is Jewishly owned and was in actual possession of the Chametz on Pesach. Rav Teitz has informed me that he sells the Chametz of the Jewishly owned Shoprites as well. So Shoprite would be in the clear.

So, if we pasken like Rav Moshe, other than individually owned Shoprites we have no cause for concern yet. Now let’s look at individual Supermarkets.

Stop & Shop was founded in 1914 in Somerville, Massachusetts by the Rabinowitz family as the Economy Grocery Stores Company. The company officially became known as Stop & Shop, Inc. in 1946.

Stop & Shop is now the largest food retailer based in New England. It operates more than 360 stores throughout New England, as well as in New York and New Jersey.

The chain was acquired by the American branch of Dutch food giant Ahold in 1995

So Stop & Shop is owned by a (presumably non- Jewish) Dutch company.

The Great Atlantic and Pacific Tea Company, better known as A&P, is a 447-store supermarket chain with locations in Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and the District of Columbia under several banners. It’s corporate and U.S. headquarters are located in Montvale, New Jersey.

Current Banners
• A&P Food Market (includes A&P Fresh format & “Super A&P” format)
• A&P Super Foodmart (New England division)
• Food Basics USA
• The Food Emporium
• Pathmark ("Super-Center" and “Sav-A-Center” formats)
• Super Fresh
• Waldbaum’s

In 1979, after more than a decade of decline, the Hartford family members and the John A. Hartford Foundation sold the majority of A&P shares to the Tengelmann Group of Germany. Also a family run business, founded by the forefathers of Christian Haub, Chairman, President and CEO of A&P. Tengelmann is the majority shareholder of A&P.

So A&P, Pathmark, Waldbaum’s, Food Basics USA, The Food Emporium, and Super Fresh are all owned by Christian Haub’s German investment group Tenelmann. I don’t think there is any problem there either.

Kroger was founded by Bernard Henry Kroger in 1883 in Cincinnati, Ohio. Kroger pioneered the first supermarket surrounded on all four sides by parking lots in the 1930s. In 1983, The Kroger Company acquired Dillon Companies grocery chain in Kansas along with its subsidiaries, King Soopers, City Market, Fry’s, Baker’s, Gerbes, and the convenience store chain Kwik Shop. David Dillon, in the 4th generation under J.S. Dillon, the founder of Dillon Companies, is now the CEO of Kroger.

Kroger is now a publicly traded company, and doesn’t seem to have any heavy Jewish involvement. What follows is a list of brands owned by Kroger:

• Baker’s (Nebraska)
• Cala Foods and Bell Markets (California)
• City Market (Colorado, New Mexico, Utah, Wyoming)
• Dillons (Kansas, Missouri)
• Food 4 Less and Foods Co. (Los Angeles, California; Las Vegas, Nevada; Chicago, Illinois, Oregon)
o including hispanic format and Food 4 Less Carniceria
• Fred Meyer (Alaska, Idaho, Oregon, Washington)
o Fred Meyer Marketplace (Alaska, Oregon, Washington)
o Fred Meyer Northwest Best (Oregon, Washington)
• Fry’s Food and Drug (Arizona)
o Fry’s Marketplace (Arizona)
o Fry’s Mercado (Arizona)
o Fry’s Signatures (Arizona)
• Gerbes (Missouri)
• Hilander (Illinois)
• JayC Food Stores (Indiana)
• King Soopers (Colorado, Wyoming)
• Kroger Food and Drug (Ohio, West Virginia, Virginia, Kentucky, Indiana, Illinois, Michigan, Tennessee, North Carolina, South Carolina, Georgia, Mississippi, Texas, Alabama, Arkansas)
o Kroger Marketplace (Ohio, Kentucky)
o Kroger Signature Stores (Texas)
o Fresh Fare by Kroger (Ohio, Michigan, Georgia)
• Kwik Shop (Kansas, Nebraska)
• Loaf ‘N Jug (Colorado, Nebraska)
• Owen’s Market (Indiana)
• Pay Less Food Markets (Indiana)
• Quality Food Centers (Oregon, Washington)
o QFC Fresh Fare
• Quik Stop (California, Nevada)
• Ralphs (California)
o Ralphs Marketplace
o Ralphs Fresh Fare
• Scott’s Food & Pharmacy (Indiana)
• Smith’s Food and Drug (Arizona, Idaho, Montana, Nevada, New Mexico, Utah, Wyoming)
o Smith’s Marketplace (Utah)
• Tom Thumb (Alabama, Florida)
• Turkey Hill (Pennsylvania)

For all you Californians, it looks like Ralph’s is ok too.

Foodtown is a northeastern United States supermarket cooperative founded in 1955 by Twin County Grocers, Inc.. Their business is centered in the city and suburbs of New York (21 stores), central New Jersey (32 Stores) and eastern Pennsylvania (5 stores).
Foodtown’s corporate offices are located in Avenel, New Jersey; however, each Foodtown is independently owned and operated, either by an individual person or a company that owns several stores, making it a cooperative, much like ShopRite.

Rav Teitz sells the Chametz of Foodtown as well, and of all the individual Jewish owned stores, giving it the same status as Shoprite above.

Trader Joe’s is a privately held chain of specialty grocery stores headquartered in Monrovia, California. As of March 2009, Trader Joe’s has a total of 319 stores.[2] Its stores are located most densely in Southern California, but the grocery company has locations in 24 other states and Washington, D.C. Trader Joe’s was founded by Joe Coulombe and is currently owned by a family trust set up by German billionaire Theo Albrecht, one of the two brothers behind the German supermarket chain Aldi.

Trader Joe’s cuts costs by having its buyers go directly to the suppliers, not the middlemen. The chain does not carry common items such as bleach, detergent and general brand names of flour, sugar, and soft drinks. If TJ’s cannot price an item at a lower figure than local supermarkets, the stores won’t carry it. About 80% of the products sold in TJ’s are manufactured under private label names such as Trader Joe’s, Trader Ming, Trader Jacques, Trader Giotto and Trader Darwin.

About 20% of Trader Joe’s suppliers (co-packers) are located overseas.

Theodor Paul Albrecht (born 28 March 1922), generally known as Theo Albrecht, is a German entrepreneur, who in 2007 was ranked by Forbes magazine as the 20th richest person in the world, with a net worth of $23.5 billion. He owns and was the CEO of the Aldi Nord discount supermarket chain. In the US he owns the Trader Joe’s specialty grocery store chain.

Theo is very reclusive, but not being affected by the Holocaust, and living in Germany, is presumed to be non – Jewish. This clears Trader Joe and Aldi as well.

Harris Teeter was purchased in 1969 by holding company Ruddick Corporation of Charlotte, North Carolina.

Ruddick is a publicly traded company.

Piggly Wiggly is a supermarket chain operating in the Midwestern and Southern regions of the United States, run by Piggly Wiggly, LLC, an affliate of C&S Wholesale Grocers. The current company headquarters is in Keene, New Hampshire.

So the Piggly Wiggly is owned by C&S and would be subject to their sale as well.

Walmart is a publicly traded company. Although the Walton family own a significant amount of the company, this would not be an issue seeing as they’re Presbyterian. Sam’s Club is owned by Walmart.

Costco is a publicly traded company.

In addition, the Star- K has cleared CVS, BJ’s, Wegmans, and several others in their 2009 Passover Directory.

Bottom Line

So, it would seem that according to Rav Moshe, we could buy from any of the stores listed above. But how about according to Rav Soloveitchik? And, what if our Shoprite or corner grocer is owned by Jews?

As we noted, the prohibition is Rabbinic in nature. This means, practically speaking that when there is a reasonable doubt which is difficult to clarify we can be lenient.

Although stores claim a two week turnaround time, this is almost impossible to determine on a product by product basis. Some products sit on the shelf for more than a year, some for only a day or two.

Additionally, it would be pretty much impossible to determine where each product was on Pesach. Was it in the Supermarket, the warehouse, still at the distributor or perhaps still at the manufacturer? This information is impossible to know.

It would then seem that really any Chametz would be permissible to buy anywhere it’s not easily ascertainable where it was on Pesach. For the immediate first few days after Pesach it may be wise to refrain from buying Chametz in a Jewish owned store that didn’t sell their Chametz, but afterward it would seem to be an exercise in futility to try and determine whether or not this particular item was owned by a Jew on Pesach.

Happy Shopping!!

For further study

http://www.yu.edu/cms/uploadedFiles/Chag_HaSemikha/VOL%20XXX%20NO1%20FEB%201996.pdf

http://oukosher.org/index.php/passover/article/chametz_sheavar_alav_hapesach_the_supermarket_controversy1/

UPDATE 4/16/09 After communicating with Rav Teitz I have updated the blog to reflect that all Individually Jewish owned Shoprites and Foodtowns sell their Chametz as well.

UPDATE 4/25/09 I have just learned that Smart & Final is Jewish owned and reportedly does not sell their Chametz. Here’s the story:

Hellman-Haas Grocery sold a wide variety of products including: flour, patent medicines, sheepherding supplies and gunpowder which were the top-selling categories when the store opened for business in 1871 in Los Angeles California. The company name was changed to Haas, Baruch & Co. in 1889, after Abraham Haas and Jacob Baruch bought out Herman Hellman. Abraham Haas later expanded into Northern California food distribution. His son Walter Haas later became president of Levi Straus.

The Santa Ana Grocery Company, which was founded in 1912, mainly supplied feed and grain to local farmers. In 1914, J.S. “Jim” Smart, a banker from Saginaw, Michigan and H.D. “Hildane” Final bought the company and changed the name to Smart & Final Wholesale Grocers.

In 1953, Smart & Final merged with Haas, Baruch & Co. The company was acquired by Apollo Management in 2007. Apollo Management L.P. is a private equity investment firm, founded in 1990 by former Drexel Burnham Lambert banker, Leon Black. Leon David Black is an American businessman and money manager, with a focus on leveraged buyouts and private equity. He is a son of Eli M. Black (1921–1975), a prominent businessman who controlled the United Brands Company.

Eli M. Black (April 9, 1921 – February 3, 1975) was a Jewish-American businessman who controlled the United Brands Company. Born Elihu Menashe Blachowitz in Poland, he came to America as a child. As a young man he trained as a rabbi serving a congregation in Woodmere, New York but after three-and-a-half years he left the pulpit to enter business and was very succesful.

That last part was unimportant, I just wanted to give some hope to all the Rabbi’s out there. In any case, his son Leon can be assumed to be Jewish and seems to own a controlling stake in Apollo which in turn owns Smart & Final, so for the few weeks following Pesach one should refrain from buying Chametz there.

Thursday, April 02, 2009

I Have to Eat How Much Maror?! and other Pesach Shiurim

There is a lot of confusion as to what the proper equivalents of the measurements necessary to fulfill the obligations of the Seder. I’d like to briefly run through them here.
These are based on the “Laws of the Seder” by Rabbi David Feinstein Shlit”a.

The Four Cups

The volume needed for each cup used for the four cups is a revi’is.  There are various ways of measuring this; for Biblically ordained Mitzvos we are stringent and require the volume of the cup to be 4.42 fluid ounces. For Rabbinically ordained Mitzvos it would be 2.9 fluid ounces.

One should preferably drink the entire cup, or at least the majority of it. If one has a lot of difficulty drinking wine he can drink as little as ¾ of an ounce, although it is preferable to drink at least a full ounce.

The wine should be drunk in under 2 minutes. At the very most it must be completed within 9 minutes.

One should use wine. The reason for this is that the Gemara specifically says it should have the ‘taste of wine’ which is understood by the Rishonim to mean intoxicating. Moreover, the wine symbolizes freedom which is obviously not fulfilled by non-alcoholic beverages.

Although wine and grape juice can be diluted at a ratio of 1:6 and still retain their halachic wine designation, the ‘demonstrating freedom’ concept discussed above would still be an issue if the wine is diluted to the point where it would have absolutely no intoxicating effect on the drinker. (This is obviously subjective). Additionally almost all wines are pre diluted and are already at least 20% water. Sweetened wines are further diluted, as are ‘light’ wines and grape juices. In fact Matzav.com reported that one should not further dilute Kedem light grape juice.

If one has difficulty drinking wine, they should use a small cup that holds just 2.9 ounces and drink a little more than half of it. If that is too difficult they should drink just 1 ounce or even a little less up to ¾ of an ounce. The least preferable option is to drink grape juice. Grape juice should be reserved for those whom wine would pose a health risk or would cause them to not be able to complete the Seder, even if they adhere to the above guidelines.

If no wine or grape juice is available at all, one may use ‘chamar medina’ which is something served to people as a token of honor, not just to quench their thirst. Thus tea and coffee would qualify. Rav Moshe Feinstein ruled that milk would as well, but not soda. (Other Poskim differ in this regard).

Karpas

Karpas should be a green vegetable. If no greens are available any borei pri haadama may be used. (This may be why potatoes were used in Russia, but that reason is not applicable anymore and one should use a green vegetable now).

Additionally the vegetable should be raw. The reason for this is that Karpas is supposed to stimulate the appetite. The Gemara tells us that raw vegetables increase appetite, cooked ones satisfy it. (This would be another problem with potatoes).

It would seem logical that one should recline while eating Karpas but the standard practice seems not to recline.

One should dip before making the blessing.

Matzoh

The leader of the Seder must eat two Kezaysim, one from each of the two top Matzos. The other participants must eat one Kezayis and could be made up from other matzos if necessary.

You get two to nine minutes from the first swallow until you finish the full kezayas. It is best to fully masticate the first bite of Matzoh and then swallow so as to minimize the time of eating.

How much is a kezayis? The calculations vary from 0.7 fluid ounces to 1.5 fluid ounces. For the first nights first kezayis of Matzoh, which is Biblically mandated, one should have the larger amount – 1.5 fluid ounces. For the two kezayis rule, which is only a stringency, the smaller shiur would suffice, so 1.5 fluid ounces would suffice for that as well. This is equal to approximately 7 x 6.25 inches.

Maror

A kezayis of Maror is required. Since it is Rabbinic we can be lenient but one must have 1.1 fluid ounces of maror within 9 minutes. If one has a difficult time with this he can go down to 0.7 fluid ounces. The horseradish must be grated according to most opinions.

If using Romaine lettuce stalks one must use enough to cover an area of 3 x 5 inches. If using the leaves one must use enough to cover 8 x10 inches.

Korach

One must have a kezayis of Maror and a kezayis of Matzoh for the Korach sandwich.
One can be lenient about the shiurim – 7x4 inches for the Matzoh and 0.7 fl. ounces for grated horseradish. If one is using lettuce he should use the full amount. (because its easy).

One may rely on the lenient 9 minute time for completion of the Korach sandwich.

Afikoman

In order to meet the requirement of all authorities one should eat a 7x6.25 in. piece of matzoh for the Afikoman.

Wednesday, March 18, 2009

Erev Pesach Matzos

It is common, particularly amongst the Chassidim, to use Matzos that were baked on Erev Pesach after Midday.

The Tur (458) quotes earlier Gaonim as saying that one only fulfills his obligation of Matzoh with Matzoh that was baked on Erev Pesach after midday, the reason being that since Matzoh is juxtaposed to the Korban Pesach. The Pascal Lamb must be slaughtered after midday; therefore the matzos must also be baked after midday on Erev Pesach. [There is some discussion in the Poskim exactly when it is considered midday with regard to this].

The Yerushalmi concurs with the opinion of the Gaonim; however in Tosefta it states that one fulfills his obligation with older Matzoh as well. The Tur rules that one should be stringent like the opinion of the Yerushalmi. The Beis Yosef adds that perhaps all Matzos, and not just the ones that one is using to fulfill his obligation, should be baked on Erev Pesach afternoon.

When the first night of Pesach is on Saturday night, the Matzos obviously can’t be baked the preceding afternoon because it’s Shabbos. The Tur quotes differing opinions; either you bake them Friday afternoon, or you bake them on Saturday night before the Seder. (Talk about fresh!) This was the opinion of the Gra and the Chasam Sofer reportedly did so as did his Rebbe, the Hafla’h. More recently, I heard that this is the minhag in Bobov as well. The Shulchon Aruch and Taz agree with the first opinion. [See Taz for a litany of reasons].

The Mishna Berura, although clearly stating that all of the above is only a Minhag, and one fulfills his Halachic obligation with Matzoh that was baked even a month or two prior to Pesach, appears to be disturbed by the lack of widespread adoption of this Minhag. He quotes the Bigdei Yesha who explains that many opinions hold that just as one cannot nullify Chametz on Pesach, so too one cannot nullify Chametz on Erev Pesach. Therefore if one would inadvertently come across some Chametz during the Matzoh baking process (as is quite common) he wouldn’t be able to do anything about it and would transgress the prohibition of Baal Yiraah. The Mishna Berura concludes that one should try to be machmir that the Matzos that he uses for the Sedarim be baked on Erev Pesach.

The Aruch Hashulchan questions the validity of using the juxtaposition of Pesach to Matzoh to infer when the Matzoh should be baked. The hekesh, he writes, is only to know when to eat the Matzoh, not when to bake it. He concludes that in the time of the Gaonim and the Tur they would bake fresh Matzoh every day of Pesach. Indeed, the Tur noted the oddity of the Barcelona community who would prepare all their Matzoh for the entire Pesach before Yom Tov. Therefore, the Matzos that one will use for the Seder should be fresh as well. But nowadays that we all prepare our Matzoh before Pesach very few people are careful about this and most don’t know about it all.

The Vilna Gaon is reported in Maaseh Rav as not being particular about using Erev Pesach matzos either.

There are however many who are careful about this Minhag, reportedly Rabbi Lamm, the chancellor of Yeshiva University, among them.

The Chida (Avodas Hakodesh, Moreh Betzba 7:205) says that the minhag is to sing Hallel during the baking of the Erev Pesach Matzos, just reminiscent of the Hallel that was sung whilst preparing the Korban Pesach.

There is an additional health benefit to eating warm, fresh Matzoh at the Seder; the Ohr Zaruah says that the warm Matzos will deflect the ill effects of the Maror.

Crumb Hunting

For those with large libraries, the prospects of searching all ones books for some stray crumbs that may have gotten wedged within them is daunting.

The obligation to do a bedika or search for Chametz is only applicable to places where one is wont to use and bring Chametz. So books that were not used at the table and one didn’t use when eating definitely don’t have to be checked.

The Magen Avraham writes that crumbs don’t require specific nullification and only that which one may want to keep ( a “gluska yafeh”) requires bittul. According to this reasoning there should be no obligation to check ones seforim for crumbs either.

There are however other Poskim who dispute the assertion of the Magen Avraham and feel that one may end up eating the crumbs as well and therefore they do require bittul and bedikah. Additionally, there is a oft quoted Rosh that the Minhag of all Jews is to eradicate all Chametz from their possession, even that Chometz which one may not Halachically be required to remove from his custody. This is used often to explain customs like washing the ceilings and painting the outside of the house in advance of Pesach. It seems to be applicable here as well.

Furthermore, the Arizal says that if someone is careful about even the tiniest bit of Chametz they will be assured to be free of sin for the entire year. [I’m not sure how to understand things like this but maybe it’ll help someone else].

The best solution is for one to be careful throughout the year not to eat Chametz near their seforim and books and thus eliminate all doubt.

Wednesday, March 11, 2009

Matzoh Before Pesach

Many are accustomed to stop eating Matzoh before Pesach. Like everything, there are various customs as far as when to begin our Matzoh withdrawal:

a) Erev Pesach
b) From the beginning of Nissan
c) From right after Purim

I’d like to trace this Minhag from the top down.

The Yerushalmi (Pesachim Chap. 10) states: “Reb Levi said, he who eats Matzoh on Erev Pesach is like one who cohabits with his betrothed in his father in laws house. (commonly understood to mean that he is preemptive and jumping the gun).

The Rambam codifies this (Chametz U’Matzoh 6:12) and it is quoted by Tosfos (Pesachim 99b) as well. Tosfos qualifies the prohibition: only Matzoh which one can fulfill his obligation with at the Seder is proscribed, thus permitting Egg Matzoh or Matzoh made with juice instead of water.

There is some discussion among the Rishonim as to when on Erev Pesach one should stop eating Mazoh. The general consensus among the Poskim is that it begins at Amud Hashachar, (50-72 minutes before sunrise). The Magen Avraham, quoting the Ran, says one should begin the evening prior.

This prohibition is quoted by the Rema (OC 471:2). It’s omission by the Shulchan Aruch is noteworthy; I would be interested in hearing whether Sefardim have a different custom regarding this.

The Mishna Berura quotes a minhag to refrain from Matzoh from Rosh Chodesh Nissan, two weeks prior to Pesach. As we have noted, there is also a common Minhag to abstain from Matzoh from after Purim, or 30 days before Pesach. Rav Moshe Feinstein (OC 1:155) explains these customs:

He deduces from the Yerushalmi quoted above that the reason Chazal don’t want us to eat Matzoh before Pesach is because they want our initial Matzoh ingestion to be as a Mitzvah. At what point would eating Matzoh interfere with Matzoh on Pesach being considered “initial”? Logically this would start from when we begin to prepare for Pesach.

There is a dispute in the Gemara (Pesachim 6a) as to when one should begin Pesach preparations; 30 days or two weeks. So although Chazal didn’t go so far as to prohibit Matzoh from those times, the various customs evolved to refrain from Matzoh from those times.
[For a more in depth discussion of this topic see Igros Moshe Ibid.).

This prohibition does not extend to children too young to comprehend the story of the Exodus.

Matzoh Meal products are included in this prohibition. If, however, they are boiled (such as kneidelach) then one can eat them on erev Pesach. To the best of my knowledge even those who have the extended minhagim cited above do not refrain from eating Matzoh Meal products other than on Erev Pesach proper.

Thursday, March 05, 2009

A Potpourri of Purim Practices and Personal Pet Peeves

There are several Purim halachos that I feel are underestimated in their significance that I’d like to quickly run through here. 

Taanis Esther

Taanis Esther, the day before Purim is a Rabbinic fast day. It is however considered by most to be the least stringent of all fast days and therefore even one who isn’t feeling well is usually permitted to break his fast. [Every situation is different and one should ask their Rav for a personal psak].

After the fast is over, one is still not allowed to eat according to the Magen Avrohom before hearing the Megilla. In fact if one examines the exemptions granted to this Halacha vis a vis the exemptions granted to fasting on Taanis Esther, it would seem that if one isn’t feeling well on the fast he is better off eating then then eating after the fast before the Megilla reading. In fact I have heard that Rav Rubin of Eretz Yisroel recommended eating on Taanis Esther in the above scenario.

However Rav Dovid Feinstein told me that it is permitted to eat before the Megilla as long as he doesn’t have a meal including bread.

Machtzis HaShekel

The universally accepted custom is to give three half dollar coins of the local currency in remembrance of the Machtzis HaShekel, the half Shekel that was given in the desert to the Mishkan. The Torah writes “Terumah” three times so we give three half dollars.

This is generally carried out on Taanis Esther. (even when Taanis Esther is not the day before Purim).

Generally the Shul provides three half dollar coins. The individual should lift up the coins 11 inches and then returns them to he plate. He should donate to charity the equivalent of the three half dollars.

There are various minhagim as to who should give the Machtzis HaShekel:

• Every male 20 and older
• Every male 13 and older
• Every man, woman, and child (including a pregnant woman for her unborn child)

The Machtizs HaShekel can be given by someone else on their behalf.

Once one began to give Machatzis HaShekel on behalf of his children he shouldn’t stop. If however he started this practice because he thought it was obligatory to give for small children, and later became aware that it wasn’t obligatory, rather it was just a minhag, he may cease giving on their behalf.

The Biur Halacha is unsure as to whether a poor person is obligated in Machatzis HaShekel, Rav Moshe Feinstein ruled they are obligated.

Seudah at Night

It is proper to have a small festive meal on the night of Purim as well, although one would not fulfill their obligation for Seudas Purim with this.

Matanos Leavyonim

Many people like to give their Matanos Leavyonim money to unfortunate Israelis. While commendable, one is obligated to give Matanos Leavyonim on Purim day itself, and can run into problems with the time change, and especially for the poor of Jerusalem where Purim is on a different day altogether. Therefore one should also make sure to fulfill their obligation with local poor as well.

Mishloach Manos

One should send as Mishloach Manos two types of food. They can be the same berachah, indeed even two different cuts of meat or a bottle of red wine with a bottle of white wine is sufficient to be considered ‘two types’.

There is a halachic advantage to sending the Mishloach Manos with a messenger, although one is not obligated to do so.

Other Miscellaneous Laws

One should wear Shabbos clothing on Purim, even at night. The Kaf Hachaim (695:7) stresses that one should be especially careful to wear Shabbos Clothes for the Megilla reading.

One may fulfill their obligation to become intoxicated with any alcoholic beverage, although there is a minority opinion that one must use wine.

I was asked after writing the Tzedakah blog, that if one is obligated to give every poor person who approaches him for tzedaka, then what is the addition of the famous “Kol haposhet yad nosnim lo” [all who approach one must give] halachah of Purim. Indeed the Bach (OC 694) asks this question and offers two answers:

1) One may not check to see if the poor person is a worthy recipient on Purim
2) One should give non Jewish poor as well

If one is in the unusual situation of not being able to hear the Megilla he should say Hallel. The reasoning behind this is that one of the reasons the Gemara (Megilla 14a) gives for not saying Hallel on Purim is that reading the Megilla is a form of saying Hallel. Ergo, if one does not hear the Megilla he should say Hallel. (probably without a beracha).

Parshas Zachor and Women

It is common practice in many communities worldwide to have a second reading of Parshas Zachor in the afternoon for women who weren’t able to make it to shul for various reasons. I’d like to take a closer look at the background of Parshas Zachor and this practice in particular.

Origin

There is a Biblical commandment to remember (mentally and verbally) what Amalek did to Klal Yisrael upon leaving Egypt. This is done by reading “Parshas Zachor”, the portion of the Torah from Parshas Ki Setzei (Devarim 25:17) where the Torah recounts briefly what Amalek did and admonishes us to remember and not forget this episode. The Torah finishes by commanding us to wipe out any vestige of Amalek.

What was the great wickedness of Amalek? When Israel left Egypt they were the first antagonists to wage war with the fledgling nation, and they broke the ice for all future conflicts. The well known Midrash compares the Nation of Israel to a hot tub that was too hot for everyone to approach. Finally one fellow jumped in and cooled it down and everyone else followed suit. (For more on this see here ).

The Chinuch (603) explains that no time frame is given for this Mitzvah, and can be fulfilled once a year or even every two or three years. The Minhag became to read Parshas Zachor the Shabbos before Purim because Haman was an Amaleki. (See Shu”t Chasam Sofer EH 119 for a in depth discussion of how often Parshas Zachor has to be read to be considered ”remembered”).

Sefer Torah

As we mentioned, we must verbally recall Amalek’s evil actions. How is this fulfilled on a Biblical level?

The Gemara (Megilla 18) states that the remembering must be done with a “Sefer”. Tosfos (Ibid 17b see also Tosfos in Berachos 13a) says that the only Biblically commanded reading of the Torah is Parshas Zachor.

The Emek Beracha and the Netziv both understand from the Rambam that the reading of Parshas Zachor from a Sefer Torah is Rabbinic in nature. The Minchas Chinuch also writes that a Sefer Torah and a minyan are only Rabbinically mandated.

So we seem to have a dispute among the Rishonim as to whether or not reading Parshas Zachor is a Biblical commandment or a Rabbinic ordinance to ensure that we would fulfill the Mitzvah of remembering Amalek.

Minyan

The Rosh (Berachos 7:20) says that since it is Biblically commanded it therefore requires a quorum of ten men. (The Terumas Hadeshen quoted by the Magen Avraham writes the quorum is Biblically mandated, Shaar Hatzion 685:5 argues with this contention).

Alternative Readings

The Magen Avraham (685:1) writes that one fulfills his requirement with the reading of Purim morning which is taken from Parshas Beshalach and recounts the war with Amalek.

Both the Mishna Berura and the Aruch Hashulchan take issue with this because part of the Mitzvah to remember is also to wage war and take revenge against Amalek which is delineated in Parshas Zachor specifically. [One would however fulfill their obligation with the reading of Parshas Ki Seitzei which includes Parshas Zachor].

Are Women Obligated?

The Chinuch (Ibid) writes that the Mitzvah to remember Amalek is only applicable to men because they are the ones who are commanded to fight Amalek. The Minchas Chinuch questions this on several counts and says that women are biblically commanded to remember Amalek.

The Binyan Tzion (2:8) also questions the Chinuch and relates that Rav Nosson Adler was very stringent in ensuring that everyone in his household, both men and women, would go to Shul and hear Parshas Zachor. (See also Avnei Nezer 509).
Rav Moshe Shternbuch (Moadim Uzmanim 2:168) and others note that from the omission of the Poskim it would seem that Parshas Zachor is no different than any other Krias HaTorah in as much as women are not obligated. The Chazon Ish and the Toras Chesed both held that women are not obligated in Parshas Zachor with the tzibur, and could fulfill their obligation by reading and recounting the story on their own.

So it would seem the following points are clear:

• The requirement of a Sefer Torah is disputable
• There may be a requirement to have a Minyan
• It would seem that most Poskim would not obligate women in hearing Parshas Zachor

Based on the above, Rav Moshe Feinstein was very opposed to making a special reading of Parshas Zachor for women only. He felt that whereas the Halacha requires one to have a compelling reason to remove the Sefer Torah from the Aron Kodesh, and unnecessarily removing the Sefer Torah from the Ark and read from it would constitute a bizayon or a “shaming” of the Torah. In our scenario, he felt there is no compelling reason since one can fulfill their obligation of remembering Amalek through reading Parshas Zachor from a Chumash according to most authorities. (Moadei Yeshurun).

Wednesday, February 25, 2009

Mishenichnas Adar Marbim B’Simcha

The oft sung phrase “Mishenichnas Adar Marbim B’Simcha” - When the month of Adar arrives we should increase our joy, is often taken at its simple meaning that we should act and be more joyous during the month of Adar. Let us look deeper.

We don’t really do anything differently during the month of Adar. We say Tachanun, all the prayers for the dead and everything else that would be omitted on other “happy” days. We don’t add anything to our daily liturgy or daily practices that would show our added joy. Indeed this Halacha is not brought in Shulchan Oruch or most of the Poskim (it is mentioned by the Magen Avrohom 686 and in Kitzur Shulchon Aruch). So how is it manifested in practice?

[The Munkatcher Rebbe in Nimukei OC 685 writes that the reason it is omitted from the Shulchan Oruch is because there is no specific actions that one should or should not do. See also Shu”t Chasam Sofer OC 160 who discusses this issue at length].

The source of Mishenichnas Adar Marbim B’Simcha is in the Gemara (Taanis 29) commenting on the words of the Mishnah that “Mishenichnas Av Mima’atin B’Simcha” When the Month of Av arrives we should reduce our joy. The Gemara comments that just as when Av arrives we reduce our joy, so too when Adar arrives we should increase our joy.

The reason given for increasing joy in Adar is because they were days of miracles for Klal Yisroel, specifically Purim and Pesach. (Rashi)

The Gemara goes on to say that thereforeif one has a court case with an Akum he should not schedule it for Av, when his mazal is bad rather he should schedule it to take place in Adar when his mazal is good.

There are several questions that arise when reading this Gemara:

1) What is the correlation between decreasing joy in Av and increasing joy in Adar?
2) Why does Rashi add Pesach to the reason of increased joyousness in Adar when it took place in Nissan?
3) What is the connection between decreasing and increasing joy and good and bad mazel?

The Magen Avrohom (551) quotes Tosfos (Megilla 5) that in Av we have to cease all joy totally. It would seem that the flip side of this in Adar would be to be totally joyous and cease all sadness. Indeed when quoting this Gemara the Ayin Yaakov adds “When Adar arrives we decrease mourning and increase joy.” Perhaps this is his intention - we must not only increase joy but actually decrease our sadness.

The Yaavetz explains that Rashi throws Pesach into the mix in order to show us that Purim isn’t a one-time miracle that was performed like Chanukah, rather it ushers in an era of Geulah and redemption, beginning with Adar and running through Pesach.

So perhaps the reason why we are told to be joyous is because we are beginning an era of redemption – the exact opposite of Av when we are beginning a period of Golus and exile. The good mazal that the Gemara refers to is perhaps that the season is one of hope and deliverance and is therefore a good time to schedule a court case with the dominant nation in whichever Diaspora we happen to find ourselves in.

Although there are no Halachically mandated behavioral changes for Adar, the deeper message in Mishenichnas Adar Marbim B’Simcha is that we are entering a time of redemption and salvation beginning with Adar and Purim and carrying straight through Pesach. This is an ideal time for each of us to seek out our own personal Geulah - freedom from the yetzer hara and the distractions of Galus. Perhaps it is an auspicious time to start something new - add some learning, or distance ourselves from some of the negative influences around us, and together we will merit the final Geulah.

Thanks to Yechezkel for his help with this post

UPDATE 2/25 -
I just rediscovered the origins of the popular Mishenichnas Adar tune: (Thanks Dixie Yid)

Sunday, February 15, 2009

Priorities in Tzedakah

Rav Yitzchok Zilberstien of Bnei Brak tells the story of a wealthy man who was blessed with a child after many childless years who approached him with the following request: He wanted to donate a very large sum to a hospital and was unsure whether to donate it to the ophthalmology wing or to the fertility wing. Rav Zilberstien referred him to his brother in law Rav Chaim Kanievsky who replied that he should contribute his gift to the ophthalmology department.

He based this on the Mishnah that enumerates the four people who are considered as dead.  They are the poor man, the leper, the blind man, and the childless. He notes that the order of the Mishnah is purposeful, and these unfortunates are listed in order of their severity. So the blind have priority over the childless.

Halacha dictates priorities in whom one gives their Tzedakah money. The Rema enumerates the order of priorities:
a) parents
b) children
c) other relatives (including a divorced wife)
d) neighbors
e) townsmen
f) Yerushalayim
g) Eretz Yisroel

This assumes that all of the above are truly poor and worthy.

Additionally, if one is faced with the choice of providing food or providing clothes he should first provide food.

However the Aruch Hashulchan explains that one cannot provide for his “priority” exclusively. Rather he should give the bulk of his money based on the above priorities, and the rest should be given to other poor people.

One more point – there is a common misnomer that the rule that you have to give at least a small amount to everyone who asks is only for Purim. In actuality this is always true. When a truly poor person comes to your door or stops you on the street and asks for a donation it is forbidden to turn him down, rather you must give at least a pittance to them so as not to embarrass them. The only exception to this may be when there is an incessant stream of people coming.

Happy Giving!!

Sunday, February 08, 2009

Tu B’Shvat and Shecheyanu on new fruits

Some years ago, I was invited to a Tu B’Shvat Seder/Friday Night Seudah / Potluck dinner in the Old City of Jerusalem. Although my recollections of that evening are somewhat fuzzy, I do recall that the company was great, there were many excellent wines (hence the fuzziness) and an astonishing variety of mouth watering fruits.

Although the Tu B’Shvat Seder has recently gained popularity, especially among the Jewish vegetarian groups, it apparently was first conceived by the Arizal. The Chassidic Rebbes conduct a “Peiros Tish” or fruit meal on Tu B’Shvat, at which they distribute various fruits and nuts to their Chassidim.

This minhag is also cited by the Magen Avraham who writes: “The minhag of the Ashkenazim is to partake in fruits on this day.”

There is also a custom to eat the Esrog from Sukkos on Tu B’Shvat. This of course would require some advance pickling or preservation. The Bnai Yissocher writes that Tu B’Shvat is a fortuitous time to daven for a Beautiful Esrog the coming year.

Many try to find a Shecheyanu fruit for Tu B’Shvat. The origin of this custom is unknown, but some suggest that it may be based on a fascinating passage in the Jerusalem Talmud. At the very end of Kidushin, the Yerushalmi quotes

“Rebbi Chizkiya R’ Cohen in the name of Rav: One will have to answer to the Heavely Tribunal for every item he saw and did not partake of. Reb Elazer was very careful about this, and would save his pennies in order to have all the fruits that are available once a year”

The meforshim explain that he did so in order to have the opportunity to say Shecheyanu and thank Hashem for all that He created to make our lives more enjoyable.

From here we see that one should make a concerted effort to make Shecheyanu on new fruits, perhaps the custom became to do so on Tu B’shvat – the New Year for the trees.

Nowadays, when many fruits are available year round, the opportunities to say Shecheyanu become rarer. One can however make a Shecheyanu on any fruit that is seasonal in his usual supermarket, even if it could be procured in a specialty store elsewhere.

The Piskei Teshuvos writes that when one makes Shecheyanu on fruit it is a celebration of the renewal of Hashem’s creation, that Hashem has designed an astounding eco-system of sustenance which is all the more astounding in its seasonality.

Have a happy and inspiring Tu B’Shvat.

Tuesday, January 27, 2009

Making a Blessing When Seeing Obama

While watching parts of the Inauguration last week, I was struck by the pomp and ceremony that accompanied the swearing in of a President. The bands, the 21 gun salute, and the various presentations that preceded the ceremony, the vast multitudes of people who stood in the bitter cold for hours on end just to catch a glimpse of the new President of the United States.

This gave me a new appreciation for the dictum of our Sages to recite a special blessing upon seeing a king.

Chazal tell us that we should make a special beracha upon seeing a non Jewish king: “Blessed are You… who gave of his honor to flesh and blood.” In fact, the Gemara tells us that it is a mitzvah to go see a king, even an evil king. The reason given is that then if one merits seeing Moshiach he will appreciate how much greater the respect shown to Moshiach is in comparison.
One can even stop studying Torah in order to see the king if he has never seen the procession before.

I would like to discuss whether this applies to the President, or any other world leaders today.

When Shmuel Agnon received the Nobel Prize in Literature in 1966, he recited the blessing upon seeing King Gustav VI Adolf of Sweden.

When Dr. Aumann received the Nobel Prize in Economics in 2006 Rav Aaron Lichtenstien told him not to recite a blessing upon seeing King Carl XVI Gustaf (Gustav VI’s successor).

What changed? Let’s take a closer look.

Authority

The Sefer HaEshkol writes that anyone who has the authority of a king, and has the ability to sentence people to death unchallenged is considered a king as so far as making a blessing upon seeing him. (All this applies equally to queens but for the sake of clarity I am sticking to the male version).

The Radvaz discusses whether the Egyptian Pasha meets the above criteria. The Pasha was an appointee of the Turkish Sultan, he however did have broad reaching powers. He concludes one should say the blessing but omit Hashem’s name when saying it, because the Pasha was often overruled by Royal Edict of the Sultan.
So it would seem the king has to be a real monarch with far reaching powers.

However, Rav Ovadya Yosef and many others write that even an elected official, whose term expires and he answers to the people, would still be eligible for the blessing as long as he has the ability to pardon or refuse to pardon someone on death row. So it would seem that a President would qualify.

The Shevet HaLevi writes that as long as he is the highest ranking authority, it doesn’t really matter what powers he has. According to him we wouldn’t even need the ability to pardon.

There are however two other conditions.

Entourage

The king has to be traveling with his whole entourage. Indeed, the law is that one doesn’t have to actually sight the king, as long as they see his motorcade and his car (or chariot or boat) they can make the beracha. Presidential Inaugurations definitely qualify here too.

Dress Code

Here’s where we may run into trouble. The king has to be dressed like a king, not like one of the common folk. President Obama was wearing a dark suit, black topcoat and red tie at the inauguration. He would’ve been incognito in any law firm in the United States.

When President Nixon visited Israel, Rav Ovadya Yosef instructed people to make the blessing without Hashem’s name because he wasn’t wearing royal clothing.

So to get back to our Nobel Prize Laureates, What changed?

‘Raffy’ on Avodah explains that

“In 1974, after Agnon was there but before Aumann, the Swedish Parliament passed a new constitution, removing ALL power from the Swedish Monarch, EVEN in theory. All powers that were formerly the King’s to exercise, even in theory, were given to either the Speaker of the Parliament or the Government.”

So the King lost his Authority, and Dr. Aumann his beracha.

Indeed ‘Raffy’ goes on to say that the Queen of England perhaps is different because she:

“still has all the power an English Monarch had in the days of Henry VIII. No laws have taken those powers away.It is only in practice that British Monarchs have decided to exercise these formidable powers only with the advice of the Ministers who have the support of the elected House of Commons”

This is indeed shockingly true.

As an aside, if the monarch in question has any religious insignia on their clothing or vehicle then you may not be able to make the blessing.

And the bottom line on the President? It would seem one should make the blessing, but omit Hashem’s name because he isn’t wearing royal robes.