When the commandment is set forth to create the holiday of Purim, at the end of Megillas Esther, it is set forth as a “day of feasting and joy, of sending food to each other, and gifts to the destitute” (Esther 9:22). This verse is the source for many of the mitzvos of the day, including Matanos Levyonim, gifts to the poor.
Indeed, the Rambam (2:17 Megilla) writes that it is a greater mitzvah to increase gifts to the poor then to increase the festive meal or gifts of food to one’s friends. For, explains the Rambam, there is no greater or more glorious joy then to gladden the hearts of the destitute, the widow and the orphan. One who can create this joy is compared to the Shechinah itself!
Who Gives?
All the mitzvos of Purim, including this one, are incumbent upon both men and women. This is explicit in the Shulchan Aruch (694:1) who writes that ‘everyone’ is obligated, and in the Rema (695:4) where he writes that both men and women are obligated in Mishloach Manos and Matanos Levyonim.
The Magen Avraham questions this as not being the custom, and writes that perhaps a widow or single woman would have to give, but with regards to a married woman her husband could give on her behalf. He concludes that it is good to be stringent, and she should give herself.
The Aruch Hashulchan writes that the husband and wife are considered a single unit, and can give jointly (two gifts to two people). Whether they give a total of two gifts or a total of four gifts a husband can give on behalf of his wife, much as he can bring a sacrifice that his wife is obligated in (Rav Nissim Karelitz).
Children above the age of Bar and Bas Mitzvah are obligated, even though they are supported by their parents.
The Bach is of the opinion that even a poor person who is supported by charity is obligated in Matanos Levyonim, like the Four Cups on Pesach, it is a mitzvah of the day. The Pri Chodosh disputes this, however the Magen Avraham, Taz, Mishna Berura and the Aruch Hashulchan all rule like the Bach.
What Should be Given?
One can give money or food. The idea is it should be used to gladden the Purim of the underprivileged, and therefore should be something that can be used to improve their Purim.
One may not give Matanos Levyonim from Maaser money, just as one may not use Maaser money for any obligatory mitzvah. However, one may use Maaser money for any donations beyond the obligatory two gifts.
When?
The Magen Avraham (695:13) writes that the gifts to the poor should be given on Purim during the day, like Mishloach Manos. In 694:1 he quotes the Baal Hamaor that one should not give the gifts before Purim because they will be eaten before Purim. The Pri Megadim explains that for this reason they should not be given the night prior, even though it is Purim, because then the recipient might end up using it for something other than the Seudah. The Aruch Hashulchan states simply that it is a mitzvah of the day like Mishloach Manos, and therefore should be given during the day, like Mishloach Manos.
[However the Pri Megadim concedes that one can argue that it should be given to them specifically earlier so that they can properly prepare.]
Practilcally speaking, the Biur Halacha as well as the Aruch Hashulchan write that one should make sure he gives at least two poor people on the day of Purim in order to fulfill you obligation.
The Mahariach concedes that it would be sensible to give Matanos Levyonim before Purim, but Halachically it must be given on Purim, and therefore one should make every effort to give the funds as early in the day as possible. However the Makor Chaim dissents, since Mishloach Manos is mentioned first in the verse one should fulfill that mitzvah first.
One may designate a messenger before Purim to deliver the money on Purim, and this is the common setup with most ‘Matanos Levyonim Funds’.
If one is sending money to a poor person who keeps Purim on a different day, for example in Jerusalem or a vastly different time zone, the Purim is defined by the recipient, because you’re making his day, and gladdening his Purim. (Eishel Avraham).
To Whom?
The obligation is to give to two poor people. The Aruch Hashulchan writes that they have to be from two different households, otherwise they are considered as one. However the Chasam Sofer, Maharsha and Kaf Hachayim write that they can be considered two distinct needs.
How poor is considered poor? The term אביון (Evyon) generally denotes a greater level of poverty than עני (Ani) (See Bava Metzia 111b). however with regards to charity, in most cases they are equal, and this is true regarding Matanos Levyonim as well. (Aruch Hashulchan).
[The Mekor Chaim does recommend seeking out the greatest needs and the most poverty stricken to send Matanos Levyonim too, in order to fulfill the dictum of אביון as well.]
So the regular parameters of ‘poor’ as is explicated with regard to the regular mitzvah of Tzedaka apply. The contemporary Poskim write that anyone who doesn’t have the assets (a years’ worth of expenses) or the expectation of a stable salary to sustain the basic needs of their family on a day to day basis is entitled to receive charity funds.
Furthermore, one who has the expectation of unusual expenditures that year is entitled as well (Igros Moshe YD 1:148). One who has spent their money frivolously and now has no way of covering their expenses is considered eligible for Tzedaka funds, however it is said in the name of Rav Elyashiv that they are a low priority.
The primary difference between Purim and the rest of the year is that on Purim we don’t investigate the veracity of the claims of the recipient, and take him at his word.
If one is in the fortunate position of living in a city with no poor, he may keep the money for himself, and distribute it wherever he’d like. (Shulchan Aruch 694:4)
How Much?
The Mishna Berura quotes the Ritva that one fulfills their obligation with just one Perutah (about a nickel) to each poor person. There are a large number of Poskim who rule that way (Mishna Berura, Eishel Avrohom and others), however there are numerous authorities who feel that one must give at least as much as one must give for Msihloach Manos, or enough to purchase a small meal (a roll and a drink). The Ben Ish Chai and others require a little more than that, enough to buy a significant amount of bread. It is said in the name of Rav Elyashiv that one should give a donation that is large enough to enable a person to purchase a respectable meal and be glad (this would be subject to locale, but probably between ten and twenty dollars in the United States).
May we all merit to fulfill the words of the Rambam, and be God-like in our ability to gladden the heart of the widow, the orphan, the poor and the broken of spirit.
Mishenichnas Adar Marbim B’Simcha
(Newly Revised (2/27/12)
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, rather one should engage in behavior that makes him joyous. 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 therefore if 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.
Rav Yaakov Emden (Shailos Yaavetz 2:88) 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 mazel and season of the time 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, in order to merit the final Geulah.
The Sfas Emes (Taanis Ibid) suggests an alternative to Rashi’s explanation. The joy in Adar is not due to the miracles that took place. Rather it is because of the continuation of the sacrifices in the Bais Hamikdash. The kick off for the campaign to keep up the fund which provided animals for the daily sacrifices was when Parshas Shekalim was read at the beginning of Adar, and the due date was Rosh Chodesh Nissan. It is explicit in the verses that there was great joy in the world when the Jews brought the SHekalim, and this ensured the continuation of the Bais Hamikdash and the Tamid offering.
This lies in direct contrast with Av, which commemorates the cessation of the sacrifices and destruction of the Temple, thus explaining the Gemara’s juxtaposition.
Thanks to Yechezkel for his help with this post
UPDATE 2/25/11 -
I just rediscovered the origins of the popular Mishenichnas Adar tune: (Thanks Dixie Yid)
We know there is a special commandment, as part of the mitzvah of Talmud Torah, to learn on the road. This is referred to as the mitzvah of U’velechta B’derech, learning ‘on the way’. However, upon closer examination, it is necessary to discuss exactly what type of learning is appropriate when one is journeying.
In Parshas Vayigash Yosef instructs his brother’s אל תרגזו בדרך “do not become agitated on the way”. What did he mean by this command? Rashi explains that the simple meaning is that Yosef understood that there could very possibly be an argument amongst the brothers as to who had been responsible for his sale, which in retrospect had been the wrong thing to do. He therefore cautioned them not to become agitated along the way.
However the Gemara (Taanis 10b), also quoted by Rashi, understands a deeper pshat. Do not get involved in a dvar Halacha and thereby become agitated by the road. Simply understood this means that they will get lost because of their involvement in the Torah discussion, (and this is how Rashi on the Gemara understands as well). So then it would seem that one should not learn on the road?
The Gemara immediately questions this from the incident of Eliyahu Hanavi, who was taking his last walk with Elisha, when a fiery chariot bore down on them and separated them, and then ultimately carried Eliyahu to the Heavens. The verse states that they were walking and speaking (words of Torah). The Gemara deduces that if they would not have been speaking words of Torah they would have been scorched by the fire.
The Gemara resolves the contradiction -one is obligated to learn on the road, but one may not, as Yosef told his brothers, become ‘agitated’ that is delve deeply into a topic.
Tosfos quotes a Midrash which sees a seemingly contradictory message in the verse – make sure not to interrupt your Torah learning while you are on the road. Being that the voyage can be distracting Yosef was cautioning his brothers to make sure to keep up their learning.
The Kli Yakar explains that there is no contradiction. The Midrash is referring to the permissible, non in depth type of learning, which the Gemara also advocates, and this is referred to as Divrei Torah. Indeed the precise wording of the Midrash do not stop your Divrei Torah. What Yosef was cautioning against, in the words of the Gemara, was ‘Dvar Halacha’ which refers to in depth, multi layered intense learning, which was not recommended for travelers.
This approach beautifully resolves the apparent contradiction between the Gemara and the Midrash, and is explicit in the nuances of the Gemara. The Gemara hadn’t known this differentiation in its question and therefore asked on Yosef from that which was said that two scholars must talk in Divrei Torah. To that the Gemara responds with the differentiation – Yosef cautioned against Dvar Halacha, but two scholars who are on the road must engage in Divrei Torah or worthy of being burnt!
This approach would be somewhat difficult to say in Tosfos, because the language of Tosfos is ‘do not interrupt you Dvar Halacha.’
The Meforshim question: why was this advised by Yosef, but not by Yaakov on their initial trips? The Emek Halacha (R Menachem Mendel of Levov) quoted by the Midrash Halacha, suggests that Yaakov had no need to caution them, for they would hurry regardless out of their obligation to fulfill their fathers command, and the mitzvah of Kibud Av would restrict them from tarrying. However, now that they had discovered that learning Torah trumps Kibud Av, because Yaakov was punished for the twenty two years he was away from Yitzchak in the house of Lava by being estranged from Yosef for twenty two years, but he was not punished for the fourteen years he spent in the Yeshiva of Shem and Ever. This was only realized when they saw that Yosef’s separation from Yaakov coincided with Yaakov’s separation from Yitzchak. Therefore now they were susceptible to learn at the expense of hurrying home in fulfillment of Kibud Av, and Yosef had to caution them ‘Al Tirgazu Bderech’.
The Kli Yakar has a slightly different understanding of Yosef’s words of caution in the Gemara. In his understanding, Yosef wasn’t concerned for the time or travel plans of his brothers, rather his concern was for the Torah which would suffer as a result of being written on the go. This can perhaps be illustrated by the Rambam who writes as a disclaimer at the end of his commentary on Mishnah “I was working on this Commentary under the most arduous conditions… as we were driven from place to place… while traveling by land or crossing the stormy sea,”.
The Gemara (Megilla 32a) tells us that the “golel,” he who rolls the Torah, has a reward equal to the sum of all the other participants in the Torah reading. Although often not recognized as such, this is the most important honor one can be given.
This is conventionally understood to be referring to what we commonly call Hagbah, the lifting of the Torah. The reason this is called golel is because in the times of the Gemara the one who would lift the Torah would be the same one who would roll it, and it was one honor.
Now the custom is to split it into two, however in some communities (predominantly Chabad) the custom is that instead of the lifter sitting down, he replaces the Torah on the bimah and rolls the Torah himself and ties and wraps it, thus fulfilling the way the Gemara seems to describe the procedure. This practice is endorsed by the Aruch Hashulchan as well.
Before or After?
The ShulchanAruch (OC 134:2) writes that before reading from the Torah the writing in the Torah is shown to the people. This is indeed the custom of most Sefardim, as well as the Chabad and Boston Chassidim.
The Rema notes that our custom is to do it after the Torah reading, and this is the custom in most Ashkenazi communities.
Who does Hagbah?
The Shulchan Aruch (OC 147:1) writes that Hagbah (more precisely what he calls Galilah) should be given as the greatest honor as per the Gemara, the Mishna Berura writes that nowadays we aren’t so careful about this and give it even to the regular folk.
If two people have yahrtzeit on a particular day and only one of them can get an aliyah (e.g. they are both a kohen/levi/yisrael) then the second should be given hagbah. (MB Ibid)
It should be given to someone who has the strength to lift and turn the Torah without needing to sit immediately (Ibid). If one knows they do not have the strength to do it properly they should decline the honor. Although generally one should not turn down an invitation for an Aliyah, we don’t find this with Hagbah, albeit the greater honor.
Procedure
The following is a mixture of practical and halachic advice to ensure a smooth and Halachically appropriate Hagbah.
The Torah should be opened so that three columns are visible. It should be opened at least three columns so that people can easily see the writing of the Torah, however it is unclear whether one should open the Torah specifically three columns or at least three columns (Magen Avraham). The Mishna Berura writes (OC 134:8) that it depends on the strength of the lifter. Rabbi Tropper suggests that, based on the laws of one who is appointed a shomer watching over a scroll, where the halacha is that the guardian should never open the Sefer more than three columns (CM 267:20) lest he cause it damage, here too one should refrain from opening the Sefer Torah more than three columns so as not to cause any damage to the scroll.
The seam between the two pages of the Torah should be visible in the middle of the open section (OC 147:3)
So you have the scroll open three columns with the seam in the middle. Turn the atzei chaim (handles)to tighten the scroll on either side.
Now, this next part doesn’t require great strength, rather knowledge of technique. Holding the Torah by the atzei chaim, moves it down atop the reading desk (lifting the Torah over the lip of the bimah) so that the mid-point rests upon the edge of the bimah. Using the bimah as a fulcrum, he then rotates the Torah to a vertical position and with knees bent (to save the back muscles, not for religious reasons), lifts the Torah with his hands at approximately the height of his shoulders. Make sure to keep your arms rigidly spread out, this will greatly enhance your balancing and turning. [For the physics student this may be easier to understand, for everyone else probably not].
After lifting the Sefer Torah one should turn around so as to show the words of the Torah to the entire congregation. There are various customs as to how to accomplish this. The more common minhag is to turn 90 degrees to the right and then do a full circle to the left in order that everyone should see the letters of the Torah. The Chabad minhag, as well as the minhag of the German Jews is to turn only to the right, similar to the Kohanim turning during the Priestly Blessing – to the right. This seems to be the opinion of the Mishna Berura as well. These customs are based on various readings of the Meseches Sofrim quoted by the Shulchan Aruch (134:2). The main objective is to allow all the congregants to see the writing in the Torah and he should turn slowly and patiently and make sure to cover all directions.
The Congregation
The members of the congregation, both men and women, should endeavor to see the writing of the Torah. The Kabbalists write that one should ideally be able to read the letters in the Torah and this causes a great spiritual light to shine on the viewer.
Upon seeing the writing one should bow slightly toward the Torah and exclaim “vzos haTorah …” as printed in the siddur.
Many have a custom to point at the Torah as it is being shown. This is not based in Halacha, but does have sources in Midrashic and Kabbilistic sources. According to those sources one should point with the right index finger of their right hand. (see Sefer Hachaim from Rav Chaim Palagi 3:6).
There is a common custom to point with the pinky. Many struggle to find a source for this, the earlies source seems to be the Meam Loez (Ki Savo). Interestingly הזרת has the numerical value of 613.
The Rolling, Wrapping and Tying
After the scroll is shown to the congregation the lifter sits down and the golel or roller steps in. he rolls the two sides together, preferably finishing with the seam in the middle. The lifter should ideally assist him in this, to fulfill the Talmudic dictum of the lifter and roller being one and the same. He then ties the ‘gartel’ or belt of the Torah. Often this is easy with Velcro or buckle clasps which should be clasped in the front of the Torah. In Germanic and some other communities a long and ornate cloth is used, the gabbai will most probably assist you in tying this (it often requires two people to get started). It should be completed by tucking in the remainder of the cloth in the front of the Torah.
Although one may tie a standard shoelace tie on Shabbos, the Mishna Berura (317:29) explains that this is only permitted if it will be untied within 24 hours. Therefore at Mincha on Shabbos, where the Torah will not be used until Monday, one must be careful not to tie the belt at all, rather he should just tuck it in. if this isn’t possible there are lenient opinions if the Torah will be used within a week, (see Biur Halacha 317)
One is also not allowed to untie a permanent knot on Shabbos, so one should be careful on Thursday not to tie it either. If this was done, the common custom is to rely on the lenient opinion (see Ketzos Hashulchan 123:9)
He then completes the process by slipping on the cover and any other decorations, such as a breastplate, pointer and crown.
On Shabbos the blessings for Maftir should not begin until after the entire process has finished, or at the very least until the tying has been completed.
One should be careful while receiving maftir not to stand with their back directly to the Sefer Torah. This can easily be achieved by moving the fellow holding the Torah or by moving the Maftir/Chazzan slightly off to one side.
On a Shabbos that the Rosh Chodesh Blessing is said, the fellow who does hagbah will hand the Torah scroll to the Chazzan for the duration of the blessing, and then take it back from him and sit down with it for Ashrei, thus allowing the congregation to sit.
Based in part on an article by Rav Dov Tropper in Torah veHorah
When the Torah instructs the Jewish people regarding entering Eretz Yisroel and conquering the seven nations (Devarim 7:1-2), it says “lo sichaneim” literally translated as you shall not grant them favor or grace. What does this mean practically?
The Gemara (Avodah Zara 20) explains that there are three halachos derived from here:
1)Do not give them a dwelling place in the land
2)Do not praise them
3)Do not give them gifts
But first – who does the prohibition apply to?
The verse quoted above is referring to the seven nations that inhabit Eretz Yisroel. One can argue that this Halacha only applies only to them (and the Torah Temimah in Devarim 7:2 does, c.f. Tzitz Eliezer 15:47), however the Rishonim assume that it has a wider reach as well.
Most Rishonim understand that this prohibition applies to all non Jews, except for a Ger Toshav – A ‘Resident Alien’ who has accepted upon himself (generally understood in Beis Din) the seven Noahide laws. (See Avodah Zara 64b-65a.)
The Meiri understand this to mean specifically idolaters. For all other non Jews there would be no prohibition.
The Shulchan Aruch (See Beis Yosef CM 259) and the vast majority of the Poskim (see Shach YD 151:18) rule like the first opinion and extend the prohibition to all non Jews ‘even Yishmaelim’. There are some contemporary poskim who rule like the Meiri but this is firmly in the minority opinion. [It seems that even those who rule like the Meiri, do not apply this to the selling of land in Eretz Yisrael, which would still be prohibited].
Even according to the Meiri that only actual idolaters are included in lo sichaneim it isn’t clear cut as to the parameters and definitions of an idolater. The Rema famously writes (OC 156) that there is no prohibition of Shituf (partnership of gods, not quite polytheism but not the Jewish definition of monotheism either) for a non Jew. It is unclear if the Rema refers just to swearing in their name or actual worship. (see Pischei Teshuva 147:2) Furthermore, many achronim disagree with the Rema and write that those who believe in more than one God in any which way have the halachic classification of idolaters. (Pischei Teshuva Ibid, a well regarded contemporary posek told me that the ‘rov achronim don’t agree with the Rema and it is not the halacha).
In conclusion, it’s a bit of a stretch to not apply lo sichaneim to all non Jews; Definitely according to the Shulchan Aruch, and even according to the minority opinion of the Meiri.
Do not give them a dwelling place in the land
One is not allowed to sell a house or a field in Eretz Yisroel to a non Jew. One may not rent a field to a non Jew because you are causing that there will be no more tithing from this field. One may however rent a house to a non Jew. (YD 151:8)
That being said, the Shulchan Aruch (10) rules that one may only rent a house to a non Jew for storage but not for dwelling out of concern that they will bring in idols. However the Rema writes that nowadays one may rent to a non Jew since they don’t generally bring idols into their homes.This rema seems to be going in accordance to his opinion that those who practice shituf are not considered idolaters.
The Shach (17 c.f Biur Hagra 18), who seems to concur with the opinion quoted above that shituf is halachic idolatry, has trouble with the Rema, and suggests that the reason why we permit renting is because the non Jew has an actual acquisition on the home while he is renting and it is not considered as if he is bringing an idol into a Jewish home. He offers an additional rationale to permit renting to a non Jew – since taxes are payed to the non Jewish state it is not considered solely the Jews house.
It would seem from the Shach that the main concern is bringing idols into a house that is considered the house of the Jew. In contemporary landlord – tenant situations this doesn’t seem applicable, the rented home or unit is considered the home of the tenant, not the landlord.
The prohibition against renting, if applicable, applies even outside of Israel.
Do Not Praise Them
The Shulchan Aruch (YD 151:14) writes: “One may not speak in their praise, even to say how beautiful or handsome or well formed they are, and definitely not to praise their actions or be enthralled with their words”.
So it is forbidden to praise a non Jew, say how beautiful an actor/actress is or what a great ball player they are, as well as how muscular that guy is and so on. One also may not say look at that brilliantly designed building, well constructed bridge, beautiful artwork or beautifully decorated home (or tree).
The Shulchan Aruch continues: “if one intends with their praise to praise Hashem for creating such a beautiful thing then it is permitted”.
So it seems one may say “wow, Hashem blessed Kobe Bryant with tremendous athletic capabilities!”
Rav Shternbuch (teshuvos vehanhagos 4:197) debates whether debating the wisdom of non Jews, and even more so, the wisdom of non Jews he is not associated with such as a world leader, is included.
He concludes (and this can be found in the Sefer hachinuch 426) that one may also say praise as compared to Jews. The Rambam writes that Aristotle was one level under Ruach HaKodesh. Rav Shternbuch writes that this should be understood as “Aristotle is so smart he’s one level under ruach hoakodesh”. Likewise the Gemara says that Goliath was only praised to show the praise of David.
Rav Ovadia Yosef (Yechaveh Daas 6:60) discusses praying and saying kaddish for a non Jewish parent and concludes that it is permissible as well.
Do Not Give Them Gifts
The Shulchan Aruch writes (YD 151:11): One may not give gifts to a non Jew he does not know. The Taz explains: if he knows him then it would not be a purposeless gift, because he expects or has received goodwill from him in return.
Based on this the Poskim discuss gifts to office staff, or customary tips to your mailman or hairdresser. Whereas it is expected, and he has either received or there is an expectation of good service, it would be permissible.
Likewise the Ran (Gittin 38b) in discussing the incident in which Rav shimon Ben Gamliel freed his slave in order to complete a minyan explains that when a gift is given for the givers benefit or then there is no prohibition.
Furthermore, the Debreciner Rav (Beer Moshe 3:117) says that one may tip a taxi driver, even though you’ll never see him again, because if you don’t he (and his friends) will no longer stop for Jews.
The Shulchan Aruch continues (Ibid 12,13) that one may support their needy, visit their sick, bury their dead and even eulogize and comfort their mourners ‘mipnei darkei shalom’ – to keep the peace. Additionally one need not stop them from taking the leket shikchah and peah (gleanings) gifts.
This would seemingly allow tips and such as well as anything expected out of common decency even without the Debreciner’s rationale.
Office Parties - the expanded version (also covering entering Non Kosher Venues)
Part 1:
Introduction:
There is a prohibition (Avodah Zara 8a, YD 152:1) to attend the wedding of the child of a non Jewish acquaintance. The prohibition is to attend the ‘mishteh’ the eating and drinking part, even if you bring your own food and attendants.
There is a dispute as to the reason and source of this prohibition. The Taz writes that it is a Torah prohibition, and the reason is so as not to become overly close and intimate with non-Jews, much like Bishul Akum and Pas Akum, which are forbidden because ‘one may end up marrying their daughter’s. It’ll lead to intermarriage – and this reality is not so farfetched.
The Shach (in Nekudas Hakesef) writes that it is only Rabbinic in nature, and the reason is because the host may thank his god for the Jews attendance, hence causing him to serve Avodah Zara.
There is a tremendous practical difference which they argue over. We sometimes permit interactions with non Jews on the premises of eivah – that our actions will cause enmity from the non Jews. However this is only applicable to rabbinic prohibitions that are enacted for an unrelated reason. However prohibitions enacted to minimize fraternity cannot be permitted so as not to cause enmity, that’s exactly the reason for the prohibition!
Another difference would be where you know the non Jew is agnostic and wouldn’t thank any gods, according to the Shach you could go, and according to the Taz you cannot.
Now let’s take a look at contemporary office parties. If there is cause for offense, and there are no religious overtones, then according to the Shach one can definitely go.
If one is expected to be there and will suffer business repercussions (and it’s therefore not a social event) one can be lenient as well perhaps even according to the Taz. (See the Daily Halacha p. 86)
It does behoove us to remember that the mode of dress, language and atmosphere of these events is usually not one that reflects Jewish values, and one should try to spend as little time as possible st the event. There are poskim (R’ Hershel Shachter and others) who say that one may not be in the same room that mixed dancing is taking place in. Utmost care must be taken to limit our social interaction to what is necessary for professional purposes.
Part 2
All this does not take into account the venue and food of the party. Lets take a look at that.
Introduction
There are two distinct issues in Halacha; Maaris Ayin and Cheshad.
Someone had criticized Rav Moshe Feinstein (IM OC 1:96)for getting into a car to go to shul after candle lighting because people would think that one may enter a car on Shabbos.
Rav Moshe thanked him for the chastisement, and actually said he would no longer enter cars after candle lighting, but he explained that Maaris Ayin is when I do something that appears to be forbidden, that will lead people to think that the forbidden thing is permitted. It does not include doing something permitted that some people think is forbidden, such as (a male) getting into a car after candle lighting before sunset.
There is a second category known as Cheshad(See IM OC 2:40)- where one causes others to suspect him of doing something improper even though he didn’t actually do anything wrong, such as entering a house of idol worship, no one will think its permitted to serve Avodah Zara, but will think that you are doing something wrong, which is forbidden from the posuk of והייתם נקיים מה’ ומישראל . (Bamidbar 32:22). Therefore in a situation where it is known or obvious to all that you are doing something permissible there is no cheshad.
Application
Therefore one may walk into a supermarket that sells both kosher and non kosher items; the observer will not assume it is permissible to buy non kosher, so there’s no maaris ayin, nor will he suspect you of buying non kosher since it is common to walk into a supermarket exclusively for kosher items.
Rav Moshe therefore says that one may not walk into a non kosher restaurant; even to buy something permissible is forbidden because of both of these reasons. People may think its kosher (“frum people eat there”) and people will think he’s eating treif.
Therefore:
If the event is held at a non kosher restaurant or an exclusively non kosher venue such as a country club then it would seem to be forbidden to attend.
If the venue is one that is serviced by both kosher and non kosher caterers, such as some hotels, then one is permitted to attend the affair, they may however not eat even if some of their food happens to be kosher. (Unless of course the event is catered by the kosher caterer). This would apply to an event held at the office itself as well; one may attend, but not eat at all, even his own kosher food because of cheshad - it may appear as if he’s eating treif.
When it comes to not entering non kosher restaurants there are those who rule exclusively like Rav Moshe, and there are those who say that in a locale where it’s obvious that the religious Jew is in the restaurant for business reasons (such as Manhattan’s business district) it’s permitted. The same would apply at a highway rest stop, where it’s obvious one is going to use the bathroom or buy coffee because that’s the only store there.
I would like to suggest that perhaps Rav Moshe would agree in some situations. In the restaurant scenario he writes that if the person is very hungry, and is in pain from the hunger he may enter the restaurant and eat from the permitted items, as long as
a)It’s done privately (b’tzina)
b)No one outside the restaurant can recognize him, if they do he must explain to them that he was in significant pain and was only eating permitted items.
c)Its clear to those inside the restaurant he is only eating permitted items
This heter is based on the dictum that Chazal do not enact their edicts in a situation of pain or loss. (Kesubos 60).
It would seem to me that we could extrapolate to a business situation where one’s livelihood is threatened, that would be a place of loss. If however it’s a matter of missing out on profits it would not be permitted, similar to Chol Hamoed. (I have recently found this extrapolation made by Rabbi Frankel of the Star K).
There is one more issue that should be included in this discussion, and that is that Chazal prohibited buying or partaking in beer and other alchoholic beverages (there is a dispute among the poskim exactly which beverages) in the ‘place’ of a non Jew. Rav Moshe Feinstein (IM YD 2:117) explains that the purpose of this takana was to ensure that we don’t partake in non Jewish parties, and therefore the prohibition applies even if there are no problematic beverages served, but the party is taking place in the home of a non- Jew. Here however there is a leniency in a situation of eivah; if one cannot get out of going to the party without causing enmity and animosity then they would be permitted to attend.
Many thanks to R’ Gil Student and Hirhurim for his excellent article on the subject. which I probably plagiarized somewhat
There is an obligation to make a blessing before learning Torah – Birchas HaTorah. What is the nature of this beracha?
The Gemara (Berachos 21a) derives from the verse כי שם ה’ אקרא הבו גודל לאלקנו that there is an obligation to make a beracha on the Torah. Rashi explains: When Moshe approached the Jewish people to say Shira (Haazinu) he said ‘I am going to make a blessing, and you, by answering Amen will bring greatness to Hashem’.
It would seem that this Mitzvah is Biblical in nature. However the Rambam omits it from his count of mitzvos. Indeed the Ramban, who adds to the count, adds the mitzvah to say Birchas haTorah. The Megillas Esther explains the Rambam’s omission; the Rambam was of the opinion that it was only a supporting text (asmachta) not a Biblical commandment.
The Kiryas Sefer understands that the Rambam did believe it to be a biblically mandated blessing; however the blessing is included in the general obligation to study Torah and is not a mitzvah unto itself.
Rav Shach explains the position of the Rambam differently. Indeed there is no biblical obligation to make a blessing. From the verse we see that Moshe made a blessing, and indeed we learn from there that one may make a blessing, and it will not be considered using God’s name in vain. However there is no obligation to make a blessing!
What sort of beracha is Birchas HaTorah? We know there are several categories of blessings.
1)Birchas hamitzvos, blessings made prior to the performance of a mitzvah
2)Birchas hanehnin, blessings made prior to partaking in something enjoyable.
3)birchas hoda’ah – blessings of thanks, and closely related -
4)Birchas hashvach – blessings of praise
At first glance it would seem that Birchas HaTorah are Birchas Hamitzvah, a blessing made before the performance of a mitzvah.
The Brisker Rav, spurred by several questions regarding the allowance of woman to make Birchas HaTorah, quotes his father Rav Chaim Soloveitchik “the blessing is not a blessing on the mitzvah of learning Torah, rather the Torah itself necessitates a blessing”. This sounds like a birchas Hanehnin, a blessing made on something enjoyable such as food. Indeed it is said in the name if Rav Chaim that the blessing on Torah is a birchas hanehnin.
This has a practical dimension. Rav Chaim ruled that if a baal koreh has stopped reading conclusively, and then decided to go a bit further, the oleh is required to make a new blessing, akin to one who decides to stop eating and then changes his mind!
Some more questions. Why are there two blessings, one before and one after, when called for an aliyah, and when it comes to birchas HaTorah we say only the ‘before’ blessing? Furthermore, why do we make two blessings in the morning?
The Levush suggests, along the lines of Rav Chaim, that when one is called to the Torah there is a before and an after, much like when eating there is a before and an after. There is therefore a blessing before and after. However when referring to our own personal obligation to learn and toil in Torah there is a before, when we wake up, but there is no stopping point! It is a pursuit that must accompany us until the moment we fall asleep. Therefore when we wake up we begin with the concluding blessing of the day before, and then make the preliminary blessing for the new day.
There is a thought from Rav Soloveitchik that can help us understand this. Rav Soloveitchik explains why after one has interrupted their learning, gone to work, or otherwise occupied himself, they do not have to make a new beracha. After all it should be considered a hefesk? Indeed Rabbeinu Tam asks this question, and explains that Torah is a full time pursuit, and one must immerse themselves in Torah day and night.
But what if you are, as we all are, mafsik? Explains Rav Soloveitchik, the obligation of Torah study is one that is always with us. We never leave it, and we are never mafsik. Rather as we go about our worldly tasks it moves to a quiet corner of our minds, but it’s always there.
He compares this to a mother who drops their child off at school and then goes about her day. Does she, for a moment, forget her child? So too with Torah study, it must be a part of us, constantly on our minds.
Rav Yosef Halavan, a commentary on the Levush questions the Levush. How can we make a concluding blessing after interrupting our learning with a significant amount of sleep? In the food parallel that would be a hefsek and the food would already be digested and it would be too late!
Retorts the Levush – firstly he would be considered an ones, unable to make the berachah because he was overtaken by sleep. Secondly, when it comes to food once it’s digested there is no trace or remembrance of the food and we can no longer offer thanks for it. However when talking about Torah it is never digested, as long as one remembers what they learnt it is considered ‘in their stomach’!
The language of the blessing is beautiful in this context. We thank Hashem for giving us the opportunity to toil in Torah. And then ask Him to be ‘mearev’ the Torah within us. We are asking Hashem to help us integrate the Torah we have already learnt into our lives, make it sweet for us and be able to hold onto the Torah of the day before. We then continue with the second beracha and thank Hashem for choosing us from all the nations and giving us the Torah.
Rav Yosef Halavan, because of his questions, offers a different approach. Both are preliminary blessings, one a birchas hamitzvah and one a birchas hanehnin, similar to matzo on Pesach. The Levush responds to this – by matzo the enjoyment and the mitzvah are two distinct things, the enjoyment would be all year, and the mitzvah is specific to Pesach night. However when it comes to Torah the mitzvah is to learn and understand and know what one is learning and that itself is the enjoyment!
The Five Lights of Yom Kippur and Besamim in Havdalah
Previously titled “The Well Rested Candle” and “My Old Flame”
There are five sets of candles that one may have to light for Yom Kippur.
1) The regular Yom Tov candles. These are the candles one lights before the onset of any Shabbos or Chag. The custom is to recite the blessing “…Lhadlik Ner Shel Yom Hakippurim” as well as Shecheyanu
2) Many have a custom to light a “yahrtzeit” or memorial candle for relatives who have passed away. These are of the 24 hour variety and are lit, at home before Yom Kippur.
3) There is a custom quoted by the Rema and other Poskim to light a “ner bari”, a candle for the living. This is lit by each married male and is intended to last the entire Yom Kippur. Since it can be interpreted as ominous if your candle goes out, many bring it to Shul and place it among all the other candles so that it will not be apparent which is yours.
4) The Shulchan Aruch writes that we should light many candles in the synagogue on Yom Kippur out of respect for the day.
5) When making Havdala after Yom Kippur one is obligated to use a “ner sheshavas”, light that rested, which requires that one use as their Havdala candle on Motzai Yom Kippur a flame that has been burning from before Yom Kippur.
Why?
The Kol Bo explains that the candle on Motzai Shabbos and the candle on Motzai Yom Kippur are fundamentally different. The Gemara relates that on the very first Saturday Night of creation Hashem showed Adam how to make a fire from two stones. So on Saturday night in commemoration we thank Hashem for the creation of fire by lighting the Havdala candle. It therefore may, and indeed should be, a new flame.
On Yom Kippur we are celebrating the fact that we hadn’t used fire all day. In this way Yom Kippur is different from all other Jewish holidays, on which the use of fire is permitted. So it is therefore appropriate to use a flame that had ‘rested’ all day. It had been burning before Yom Kippur, had not been used over the holiday, and had now become permitted once again.
What if Yom Kippur is on Shabbos? The Poskim write that we may use a new flame because of the Shabbos aspect, however the recommended practice is to use an existing flame then as well in order to fulfill both reasons.
But why can’t I just use candle 2, 3, or 4?
A candle that was lit in honor of Yom Kippur or some other reason, and not for the benefit of light, is a subject of dispute in Halacha. Ordinarily the candle used for Havdalah must be lit in order to have benefit from it and not for some other purpose. A candle that is lit for respect, memory or as a ‘ner bari’ are lit for reasons other than giving light. It is therefore recommended practice is to use a candle that was lit before Yom Kippur specifically for light after Yom Kippur, and not in honor of Yom Kippur. [If you add some olive oil to the regular 24 hour candles it’ll burn for considerably longer and ensure that you’ll have an available flame].
If one only has a flame that was lit for a reason other than light benefit they should light a candle from that, and then make the beracha on both together. This works because the original candle has rested, and the new candle was lit for light. Rav Moshe Feinstein and others indicate that the two candles don’t need to be held together, you can just use the second candle. For this purpose a pilot light is sufficient as well.
In the event that one cannot find a flame that had been burning from before Yom Kippur the Shulchan Aruch brings an opinion that you can light a new fire and then light a fire from that fire. However the Mishna Berura disagrees and writes that one should not make a beracha on such a flame.
If even that is not available then one should definitely not use a flame for Havdala and if one does then it constitutes an interruption between the Hagafen blessing on wine and the drinking of the wine and another Hagafen must be recited.
Teshuvos VHanhagos (Rav Moshe Sternbuch) writes that according to the poskim that one can use an incandescent bulb for Havdala one could use a light that was on from before Yom Kippur as a Ner Sheshavas as well.
As discussed, when Yom Kippur is on Shabbos, although it is still preferred to use an existing flame one may make a blessing on a new flame as well.
Do you use besamim (spices) for Havdala on Yom Kippur that falls on Shabbos? The Shulchan Aruch says no, since the besamim are used to supplant the loss of the departing extra neshama for Shabbos, and that neshama is dependent on food, when we fast on Shabbos then there is no neshama yeseira.
However the Mishna Berura writes that the widely accepted custom amongst Ashkenazim is to use Besamim on Motzai Yom Kippur, and indeed that is the minhag in Ashkenazi communities today, in Sephardic communities they do not.
Blessings and curses - the Jew’s closeness to Hashem - Thoughts on Kinah 9
Notes on Kinah 9 apropos to Parshas Bechukosai as well
This Kinah takes a look at parshas Bechukosai, where Hashem tells us the wonderful idyllic rewards for keeping His mitzvos and walking in His ways, and chas veshalom the punishments that will befall the Jewish people if we ‘are disgusted with His commandments and stray.
There may be a tendency to not take these seriously. If I don’t wear shatnez there will be peace in the Middle East? Really? And if I ignore some of the commandments, if I don’t cherish my relationship with Hashem then we will (temporarily) lose our rights to being the chosen people, Hashem will turn a blind eye to us?
Here the mekonen, step by step, takes us through the blessings, and shows how they were reversed, and how all the tochachah and curses of Bechukosai came to be. The words of the Chumash came alive, in a very horrible and tragic way.
The kinah is ‘spoken’ alternatively by God, the Jews, and the enemies of the Jews. Hashem speaks and reminds us of the covenant we have with Him, and how we have brought the tzuros unto ourselves. Israel laments, and the enemies says that yes – true Hashem used to be your protector, but now he has turned against you and abandoned you because of your sins.
We have to realize that Jews enjoy a very close and special relationship with Hashem, and along with the perks of being G-ds chosen people, we are held to a higher standard as well. We bear responsibility for our actions, and suffer the consequences of our missteps.
Last night, in the very first kinah of Tisha B’Av, as well as in Kinah 10, the kinah gives us a clear tit for tat for our actions. Each tragedy happened for a specific cause. Although its not for us to be specific, the general principle of responsibility is one that must be held dear.
There is a tremendous upside to this as well. Shmuel Hanavi, after crowning Shaul as king, said to the Jewish People: “I don’t understand you! Until now you had a very wonderful close relationship to Hashem. When you were close to Him and prayed to Him He took care of you. When you strayed and forgot about Him you were attacked by your enemies and you remembered Him. Why would you want to put a king between you and Hashem?” It’s a beautiful special thing to have closeness with Hashem and something we should cherish, but comes along with a responsibility as well.
I think there is also a deeper point here. Rashi explains that the parsha of Bechukosai is referring to the obligation to toil in Torah. When we are involved in Torah study everything goes right for us, we are close to Hashem and He takes care of us. If we say that c”v its archaic, who needs it and mai ahani li rabanan that brings the kelalos upon us. Indeed the Gemara in Yoma tells us that that the chachamim were in a quandary as to the reason for the destruction of the Beis Hamikdash until it was revealed to them that it was for not making Birkas HaTorah. Rav Michel Birnbaum explains that this is more than a bracha, its our showing appreciation to Torah, recognizing the very dominant role Torah study must play in our life, and feeling and expressing our appreciation to HKBH for giving us this wonderful gift (as is evidenced by the din that Birkas Hatorah can be replaced by ahavah rabbah).
We lost the blessings and received the tochachah due to our lack of respect for Torah. The medrash in Eicha says Halevai they would have forsaken me and protected the Torah, the light within it would have returned them to good. We need, and must recognize within our own lives the need, for the light of Torah to be our guide and our inspiration, and then as the Kinah concludes in the prayer Hashem will dispose of Edom and rejuvenate our relationship and the blessings that come along with it.
The Primacy of Torah to the continuity of the Jewish People - Thoughts on Kinah 41
This Kinah was written by the Maharam Miruttenberg, one of the last of the Baalei Tosfos. It describes a tragic event in Jewish history, made even more tragic due to the fact that the entire event was instigated by one of our own, an apostate Jew. In 1240 in Paris an apostate Jew named Nicholas Donin recommended to King Louis IX that if he wanted to get rid of the Jews for once and for all, the only way to do that was by destroying their Torah. The King and the Church had all copies of the Talmud confiscated on March 3 1240 and placed in the Place De Greve, a public square in Paris, which is the current location of city hall and the mayor’s office. In all there were 24 cartloads of Talmud, thousands of volumes.
The King invited 4 rabbis to a debate with Donin, the fate of the 24 cartloads hanging in the balance. Transcripts of the debate exist, and even according to the Latin transcript was it by no means a win by Donin. The Queen herself at one point told the accusers that they were trying too hard. Even so the fates of the volumes of Torah were a foregone conclusion, and in 1242 the Gemara’s were burnt.
The ramifications of this were tremendous. Each one of those volumes were handwritten, this was 200 years before the printing press was invented. There wasn’t a Gemara to be found in all of France, and many of the volumes had the actual handwritten glosses of the Baalei Tofos written in their margins, to be lost forever.
There is a parallel that cannot be ignored here. Nine years earlier (to the day?) in the very same square, volumes of the Rambam’s guide for the perplexed had been burned. Although it seems that they had also been burned by the church, the impetus came from some of the greatest Rabbis of the day, who felt that the works of the Rambam should not be studied. It cannot be merely a coincidence that the Talmud was burnt in the very same spot 9 years later.
The Maharam Mirutenberg was a 27 year old student at the time. It is evident in this Kinah that he saw this potentially as the end of Torah as we knew it. He compares the glory of the giving of the Torah to its current state. As Rav Soleveitchik explains it, he compares us to a wife whose husband ran away and deserted us, and didn’t even leave over any money – the holy Sefarim – to sustain ourselves.
He laments “no longer will I hear the voice of your singers” the voice of Torah has been stilled, and there will no longer be any Torah scholars.
The Torah is the glue that keeps us going throughout golus, that binds us together and to our Father in Heaven.
But netzach yisrael lo yishaker - the tenacity and resilience of the Jewish people cannot be over estimated. As the maharam himself predicts at the end of the kinah, Torah will prevail.
Rabeinu Yechiel of Paris the father of the Rosh and one of the debaters, gathered 300 students and taught them Shas from memory, which they recorded.[remarkably, when compared to the Munich manuscript, one of the only Shasim we have from before the burning, they are almost exactly the same]. He taught them the teachings of the Baalei Tosfos. Rav Moshe of Coucy, another one of the debaters wrote the Sefer Mitzvos Hagadol, which codified and explained all the mitzvos and is still a primary text today.
We saw this more recently during the holocaust. In the Kovno Ghetto there was a Rav named Rav Ephraim Oshry. He recorded and hid many of the questions that were asked to him, questions like whether the kohanim had to remove the rags from their feet before duchening, how to put on tefilin when working 18 hour days, whether boards stolen from the Nazis can be used for a sukkah, and were ghetto homes obligated in a mezuzah. These questions eventually filled five volumes that were printed after the war. Five voumes!! From one ghetto, to one Rabbi. That is the tenacity of klal yisrael, the inborn resilience Hashem has given us to survive.
An American officer told my father the following story. In 1945, he was involved in liberating the horrendous concentration camps of Nazi Europe. He went into a camp to find himself surrounded by death. A man looked up to him with gratitude. “Zei Moichel,” [please forgive me for troubling you] he said “and find me a Gemara Moed Katan.” Next week I have yahrzeit for my father and I promised him that each year on his yahrzeit I would make a siyum on Moed Katan.”
The Maharam Mirutenberg, who right before he died wrote “the sun shines for everyone but G-d and me,” is telling us that Torah is our essence, and when 24 cartloads of Torah were burnt it potentially could spell the end of the Jewish people, total despair and abandonment. The Torah is our lifeforce!
Some of the ides here were borrowed or inspired from here and here
Davening on Shabbos That Coincides with Yom Tov or Rosh Chodesh
What happens if on Yom Tov one mixes up the end of the blessing in Shemoneh Esrei , and in place of saying Mekadeish Hashabbos Veyisrael Vehazmanim, he says Mekadeish Hashabbos, or vice versa?
There is a three way dispute (Beitzah 17) regarding the proper format of Shemoneh Esrei on Yom Tov that falls on Shabbos.
According to Beis Shamai a totally new beracha is added for Yom Tov
According to Beis Hillel Yom Tov is incorporated into the middle part of the regular Shabbos blessing
Rebbi agrees with Beis Hillel, and adds that Yom Tov is also included in the closing blessing – Mekadeish Hashabbos Veyisrael Vehazmanim.
The Halacha is like Rebbi.
Now, if one forgot to mention Shabbos in the ending beracha and concluded ‘Mekadeish Yisrael Vihazmanim’ we run into a dispute of the poskim:
The kenesses hagedola rules that one does not have to repeat Shemoneh Esrei
The Pri Chadash (OC 487) argues and since that if one changes the way that one is supposed to make a beracha (matbeah shetovu chachamim) they do not fulfill their obligation and still have to repeat Shemoneh Esrei. Therefore whether Shabbos was omitted or Yom Tov was omitted in the closing beracha, one has to repeat Shemoneh Esrei.
The Biur Halacha (487) writes as follows: if one doesn’t mention Shabbos in the closing then they have to repeat Shemoneh Esrei, but if one omits Yom Tov they do not. His rationale is that even though the Halacha is like Rebbi that one must incorporate Yom Tov into the closing, Rebbi still agrees with Beis Hillel that the primary beracha (the matbeah) is Mekadeish Hashabbos.
Therefore even if one omits the mention of Yom Tov they haven’t changed the primary blessing and therefore it doesn’t necessitate repeating Shemoneh Esrei. However if they omit Shabbos they have changed the original matbeah of the beracha and must repeat Shemoneh Esrei.
Rav Akiva Eiger, quoted by the Aruch Hashulchan holds that even if one does mention Yom Tov in the blessing but omitted its mention in the middle of the paragraph, he must repeat the Amidah, and that is the ruling of the Aruch Hashulchan himself.
When Rosh Chodesh falls on Shabbos, in place of the regular ‘Tikanta Shabbos’ prayer in the Mussaf Amidah, we say ‘Ata Yitzarta’ which incorporates the prayers of Rosh Chodesh and the special Mussaf sacrifice into the regular Shemoneh Esrei. We then conclude with ‘Mekadeish Hashabbos Veyisrael Veroshei Chodashim.
What if one closed out with the usual Mekadeish Hashabbos? Here Rosh Chodesh differs from Yom Tov. Even according to the Pri Chadash who holds that on Yom Tov if one concludes with Mekadeish Hashabbos they must repeat the Mussaf, on Rosh Chodesh he does not. He extends this as far as Shabbos Chol Hamoed, if one said the usual Shabbos Mussaf he does not repeat the Amidah.
The Pri Chadash explains: On Rosh Chodesh and Chol Hamoed there is no added blessing for the occasion, rather whenever we pray we are supposed to incorporate it into our regular Shemoneh Esrei. If forgotten we still fulfilled our prayer obligation. On Yom Tov we fundamentally change the Amidah to reflect the holiday, and if that change is not incorporated it is considered changing the blessing from the way it was coined and one cannot fulfill their obligation.
The Aruch Hashulchan (425:1) argues with the Pri Chadash, and writes that whereas the main thing is the blessing at the end, if he omits it then he must repeat the Shemoneh Esrei.
It is well known that there are two main customs regarding the mourning practices of Sefira. The Shulchan Aruch writes that it is from the second day of Pesach until Lag B’Omer, after which all mourning ceases; this is the “Minhag Sefard”. The Maharil (quoted by the Rema) writes that the mourning practices are in place from Rosh Chodesh Iyar until Sheloshes Yemei Hagbolah, the three preparatory days before Shavous. This is commonly referred to as the “Minhag Ashkenaz”.
In the event that Rosh Chodesh Sivan comes out on Friday, such as this year (2010), the three preparatory days begin on Sunday. It is accepted by all Ashkenazi, and even many Sefardim, that when Lag Baomer is on Sunday, (as it is whenever Rosh Chodesh Sivan is on Friday), one may get a haircut on Friday in honor of Shabbos even though Friday is still a prohibited day according to all opinions.
[A similar idea is found on the Friday of Rosh Chodesh Iyar, when Rosh Chodesh Iyar is Friday and Shabbos. Even according to the Minhag Sefard one may take a haircut on that Friday.]
Seemingly the same logic would apply here, according to Minhag Ashkenaz it is still a prohibited day, but since I am allowed to get a haircut on Sunday I may get one Friday as well. This is indeed the psak of Rav Sharia Dablitzki (Zeh Hashulchan 1:493) based on the opinion of the Pri Megadim (OC 493:5 AA) who permits taking a haircut on Friday when Rosh Chodesh is on Sunday, for those who stop the mourning on Rosh Chodesh Sivan (which is not in accordance with the Magen Avraham and not the conventional minhag).
Rav Moshe Feinstein (quoted by Rabbi Elimelech Bluth Shlit”a in LeTorah VeHoraah vol. 10 p.14) disagrees, and differentiates between our case and the Friday preceding Lag B’Omer on two counts and Rosh Chodesh Iyar on one count.
1) Regarding Rosh Chodesh Iyar, there it is permitted because Shabbos itself has an added dimension of Simcha, coupled as it is with Rosh Chodesh. Therefore one can take a haircut in honor of Shabbos. This doesn’t apply to Rosh Chodesh Sivan which is only Friday.
2) Lag B’Omer is really part of the mourning period, but the mourning is suspended due to the various events that happened that day, and it is considered a quasi Yom Tov. It is therefore not respectful to take a haircut in honor of Lag B’Omer and not in honor of Shabbos which is a holier day. This does not apply to our case, where the reason for shaving on Sunday is not because it’s a holiday that the laws of mourning were suspended for, rather it’s the end of the Aveilus.
3) Part of the rationale to allow shaving on Friday before Lag B’Omer is miktzas hayom kekulo – a portion of the day is like a full day. (see Biur haGra), this only applies before Lag B’Omer. To apply it here would be analogous to allowing one who finishes his ‘shloshim’ on Sunday to shave on Friday, which is definitely not allowed.
Therefore Rav Moshe Feinstein argues with the Pri Megadim and prohibits shaving or taking a haircut this Friday. And although the general principle of the Poskim is to be lenient when it comes to Sefirah prohibitions (see Chok Yaakov 493:7) Rav Moshe writes that he doesn’t understand the Pri Megadim’s reasoning and is therefore stringent.
Additionally the Chachmas Shlomo, commenting on the Pri Megadim, in addition to mentioning a reason similar to first reason of Rav Moshe, writes that
since Lag B’Omer is only one day and possibly you will not be able to take a haircut, and if one doesn’t take a haircut they can’t take one before the following Shabbos, you are therefore allowed to take a haircut before the first Shabbos rather than being unkempt for two Shabbosim. This reasoning, writes the Chochmas Shlomo, does not apply to the Pri Megadim’s (or our) scenario.
The Chasam Sofer, speaking about a scenario where Erev Shavous is Sunday, (presumably he is of the opinion that one may not take a haircut until Erev Shavous) writes that one may not take a haircut on Friday, also unlike the Pri Megadim.
There are several ‘zmanim’ or halachic times that one must be familiar with to fully appreciate how the time restrictions on prayer work.
Amud/Alos Hashachar – Dawn, or first light. This is either 72 or 90 minutes before Neitz Hachamah
Hair Penei Hamizrach – when the whole eastern skyline is lit up. According to many opinions when the Halacha refers to ‘Amud Hashachar’ it really means this time. (See Biur Halacha beginning of siman 89).
Misheyakir – The Gemara establishes this as the time which one can differentiate between techeles (blue) string and white string on their tzitzis. This is the same time that one can recognize an acquaintance from 4 amos (6-8 feet) away. Rav Moshe Feinstein explains that this is a subjective zman, it depends on the clarity of the day and so on.
The Mishah Berura writes (58:18) that misheyakir is after the ‘hair penei hamizrach’.
Rav Elyashiv (Hearos on Brachos 9b) says this is 30 minutes before Hanetz Hachamah.
Rav Moshe Feinstein in Igros Moshe (OC 4:6) says that this is 35-40 minutes before Hanetz Hachamah, based on his observations on clear days.
Rav Tikushinsky (luach Eretz Yisrael) as well as the Kaf Hachayim (18:18) say that the minhag in Jerusalem is to consider a full hour before hanetz hachamah to be considered misheyakir. Other opinions range from 42 -52 minutes before Neitz in Jerusalem. Presumably these opinions do not hold that is a subjective zman, rather a fixed time like all the other zmanim.
Hanetz Hachamah – Sunrise. When the top of the orb of the sun is visible on the horizon. Some say the entire orb must be visible.
There is discussion amongst the Achronim if this is measured at real elevation or at sea level. [The practical difference is generally minimal].
This is all working with dawn being at a fixed time before sunrise. There is however a way of calculating by degrees.
Today is Pesach Sheini, the 14th of Iyar. Pesach Sheini is the make up date for those who missed Pesach the first time around due to their inability to bring the Korban Pesach on Pesach. In fact the Yerushalmi says that if Moshiach would arrive between Pesach and Pesach Sheini we would bring the Korban Pesach on Pesach Sheini. Especially significant is the fact that it is the only day on the Jewish calendar that was granted as a holiday because the people wanted it, a topic for a more spiritually inclined post.
When Pesach Sheini was in effect, the schedule was as follows: On the 14th of Iyar they would bring the Korban Pesach, and on that evening, which was the beginning of the 15th of Iyar, they would eat the Korban Pesach together with Matzoh and Maror.
In this day and age, when we don’t have the Beis Hamikdash, how do we celebrate Pesach Sheini?
Matzah
Many have a custom to eat matzah on Pesach Sheini as a remembrance. When this Matzah should be eaten is subject to dispute. Logically it would seem that it should be eaten on the night following Pesach Sheini, the eve of the 15th, because that’s when the Matzah would’ve been eaten. This was in fact the custom of the Maharam Ash. This was also the opinion of Rav Tuvya Goldstein and is the opinion of Rav Dovid Feinstein.
The vastly common custom is however to eat the Matzoh on the 14th of Iyar. There are various reasons given for this, some Kabalistic some very technical. (See Kli Chemdah Parshas Veaschanan and Minhag Yisroel Torah).
Other Foods
The widely accepted custom among those who eat Matzoh on Pesach Sheini is to eat Matzoh only. There were various other customs, among them to eat Maror, Charoses and boiled eggs. These minhagim don’t seem to have caught on.
Tachanun
Most congregations do not recite Tachanun on Pesach Sheini. It’s notably absent from the list of days on which Tachanun is omitted that is found in Shulchan Aruch and is not added by the Rema or the Mishna Berura. It is however mentioned by the Shaarei Teshuvah who discusses whether Tachnun should be omitted on the 15th of Iyar as well. It seems that the Minhag is to omit Tachanun on the 14th. In a minority of congregations outside of Israel it is omitted on the 14th and 15th.
Regarding Mincha on the 13th, there are various customs, most Yeshivos do say Tachanun, and most Shuls do not.
There is also a Chasidic custom to omit Tachanun for the seven days following Pesach Sheini, based on the Zohar.
Eis Ratzon
The Zohar writes that the gates of Heaven open on Pesach Sheini for everyone and remain open for seven days. This is an auspicious time for all of our prayers to be heard.
Much of the source material for this article was found in Minhag Yisroel Torah
