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Thursday, September 17, 2009

Apple Dipped in Honey – Siman or Superstition?

There is a Biblical prohibition against ‘Nachash’ or incantations. This generally refers to using various signs to interpret what the future holds. The examples given by the Gemara include one who says that since my bread fell out of my mouth or my walking stick fell from my hand I will not go to a particular place today.

However the Gemara elsewhere offers a list of signs that one may do. “Rav Ami says: If one wants to know how a business venture or a trip will go he should raise a rooster. If it develops nicely, that is a sign that things will go well”. After citing several similar examples the Gemara then says “Abaye said, now that we have established that ‘simanim’ or omens are significant, on Rosh Hashanah one should see a gourd, fenugreek, leek, beets, and date.” The reason for this list is because all of these items have names or charachteristics that are consistent with blessing. [The Gemara uses the term see, indeed some Poskim say the simanim may be merely seen and don’t have to be eaten].

Rav Ami and Abaye are seemingly fundamentally different. Rav Ami is discussing predicting the future, and Abaye is extrapolating to making a good omen on Rosh Hashanah. Explains the Derishah, once Rav Ami had established that we are not concerned with the prohibition of Nachash, Abaye then allows us to use omens and not be concerned with Nachash their either.

So it would seem that at least with regard to the various omens that we do on Rosh Hashanah, there is no problems as far as divination and incantation are concerned.

The Meiri, in his commentary on the Gemara elucidates this. He explains: Divination of any form is definitely forbidden. However when done as an inspiration for Teshuva and not as a serious sign it is permitted. It is therefore imperative, says the Meiri, to recite the Yehi Ratzon as an introductory prayer to the siman to show it is not being eaten as an omen rather as a prayer and inspiration.

The Tur brings the Gemara quoted above, and adds that it was the custom in Ashkenaz to eat apple dipped in honey. The Beis Yosef in his commentary on the Tur notes that the Tur made no mention of the Yehi Ratzon and holds that it wasn’t necessary. It would seem that he wasn’t concerned with the superstitios divinations that may be associated with eating the simanim.

The Mharsha takes an interesting middle sort of approach. He explains that the only divination that is forbidden is when predicting a bad event. When predicting a good event a ‘sign’ is permitted. The rationale is that Hashem showers down a constant stream of good to us. Therefore predicting good is only affirming our belief in Hashem’s goodness. Bad events are caused by our missteps and wrongdoings. They are fully preventable and reversible. Therefore to predict a future bad event as a certain thing would demonstrate a disbelief in Hashem’s constant benevolence and is therefore forbidden.

This concept is debated elsewhere as well. The Gemara in Chullin 95b declares: “any Neichush that is not as the Neichush of Eliezer and of Yonasan are not considered Neichush.” The Gemara is referring to the two well known divinations in Tanach. The first one is where Eliezer declared that the first young lady who offers him and his camel’s water will be the match for Yitzchak. The second was where Yonason was penetrating the Philistine camp and said that if they invite us in it’ll be a sign that Hashem has given them into our hands.

Tosfos asks: How could Eliezer and Yonason do so? Isn’t that nachash? Answers Tosfos that they didn’t mean it as a sign, they just meant it as an extra chizuk. If things wouldn’t have gone as they had divined they would have gone ahead with their plans anyway.

The Radak (quoted by Rav Akiva Eiger) has a different approach. He differentiates in intention. If one divines from a certain event that has already happened that he should or should not act in a particular way, that shows that he is ascribing powers to the stick or bread or black cat that its telling him to act in a certain way, and is forbidden. If however one asks Hashem to give him a sign that he should go ahead with his plans, as Eliezer and Yonason did, and it happened as he had asked, that is just a sign of trust in Hashem and is permitted.

The Rambam prohibits asking for a sign and saying that if such and such happens then he will act in a particular way. As an example of what is forbidden he brings Eliezer! The Raavad very strongly says “He has made a great mistake, for what Eliezer did was fully permitted!”

It would seem that the dispute between Rambam and Raavad as the same dispute as between Tosfos and the Radak.

Kesiva Vechasima Tova - May we all be blessed with a happy sweet New Year

Tuesday, September 08, 2009

Laws of Selichos

Which Day to Start

The Shulchon Aruch (581:1) writes that beginning Rosh Chodesh Elul, through Yom Kippur, we awaken early in the morning in order to increase supplications. Thankfully, the Rema intercedes and says: this is not the minhag of Ashkenazi Jews. Rather we begin blowing Shofar and saying Psalm 27 after davening beginning Rosh Chodesh Elul, and the Sunday before Rosh Hashanah we begin awakening early to say Selichos.  If Rosh Hashanah is earlier than Thursday then we begin the previous Sunday so as to always have four days of Selichos. We always start on a Sunday so as to have a specific known starting day.

The Levush explains the need to have four days of Selichos is so as to have a total of ten weekdays from the beginning of Selichos through Yom Kippur. There was a minhag to fast ten days total during this season (corresponding to the Aseres yemei teshuvah) and the four days that are forbidden to fast are made up for in the four days leading up to Rosh Hashanah.

An additional reason given by the Elyah Rabbah for the four day minimum is that just as a Korban has a four day ‘bikkur’ or inspection period, so to we must inspect ourselves for four days preceding Rosh Hashanah.

Time of Day

The Shulchon Aruch records the ideal time for Selichos as ‘Beashmoros’ which is the time immediately preceding dawn. The Magen Avrohom tells us that at that time Hashem focuses on this world and it is therefore an auspicious time for asking forgiveness.

Although the Shulchon Aruch and Magen Avrohom are clearly directing one to the very early morning, we find that anytime after Chatzos (halachic midnight) is considered an auspicious time. (Berachos 3b). In fact, the Gemara says that at exactly midnight a northern wind would blow through King David’s chambers and play his harp, thus serving as his alarm clock. King David would then arise and engage in Tefillah and Torah for the remainder of the night.

However before Chatzos the Magen Avrohom rules expressly (566:5) that one should not say any form of Selichos or the 13 midos (Hashem Hashem etc.) under any circumstances except for on Yom Kippur.

This can prove to be problematic. The common minhag is that the first Selichos on Sunday is said the preceding night. This should be done after Chatzos. However many years this is close to 1 am. (this year in Los Angeles it’s 12.50 am).

Rav Moshe Feinstein (OC 1:105) ruled as a ‘Horaas Shah’ (temporary ruling) that in a situation where no one will attend Selichos if it’s held very late at night, it can be pulled earlier so as that people won’t miss out on the inspiration gained by attending Selichos. It is important to note that those Selichos are not as ‘effective’ as ones said in the proper time. Additionally it is better to schedule Selichos for after the second third of the night [calculated by dividing the time from sunset to sunrise into three]. According to some opinions this is as good as after Chatzos.

Even for one who would apply Reb Moshe’s heter, there is an additional problem. The Shaarei Teshuvah writes that the kedushah of Shabbos extends until Chatzos and therefore it is forbidden to say Selichos then, as it is on Shabbos. Rav Moshe ruled that this too is waived in these difficult circumstances.

Rav Moshe adds that it is important for anyone who relies on this psak to publicize that this is a temporary situation and scheduling will return to its proper halachic time of after Chatzos as soon as circumstances allow.

It is also worth noting that the Kaf Hachaim quotes sources who very vehemently oppose saying Selichos at night and writes that it is better not to attend, and if one attends they should not participate.

When one does recite Selichos at a time that is different from the established one he should be careful to change the wording of the Selichos to reflect that. (c.f. Aruch Hashulchan 581:4 for specific examples).

Who Should Lead the Davening

The criterion for a Shaliach Tzibur of Rosh Hashanah and Yom Kippur applies to Selichos as well. There is a custom that he who leads Selichos should also lead the rest of the prayers and Minchah. Some say he should even lead the preceding Maariv.

Davening Alone

One should be extra particular to say Selichos with a minyan. If one is forced to Daven alone he should skip the Aramaic parts of Selichos and must say the Hashem Hashem.. with the tune that is used to read them in the Torah.

Thursday, September 03, 2009

Walking In His Ways – The Footsteps of G-d

אֶת יְהוָה הֶאֱמַרְתָּ הַיּוֹם לִהְיוֹת לְךָ לֵאלֹהִים וְלָלֶכֶת בִּדְרָכָיו - דברים כו:יז

כִּי תִשְׁמֹר אֶת מִצְו‍ֹת יְהוָה אֱלֹהֶיךָ וְהָלַכְתָּ בִּדְרָכָיו - דברים כח:ט

Twice in Parshas Ki Savo we are told to “walk in the ways of Hashem.” How could we walk in the ways of Hashem?

The Gemara in Sotah (14a) delineates the actions of Hashem: He clothes the naked (Adam and Chava) visited the sick (Avraham Avinu) comforted the mourning (after Sarah’s death), buried the dead (Moshe Rabeinu) and so on. The Gemara states that by doing these things we will be considered walking after Hashem.

The Gemara in Shabbos (133b) states “one should be similar to Hashem; just as He is compassionate and merciful so should you be.”

Then we have the Rambam. Maimonides (Deos 1) spends several paragraphs explaining how people have various character traits, some natural, some culturally influenced and some self taught. He advises that one find the exact middle path equidistant to the extremes of each trait and practices that middle. For example, some people are always very jolly and some are perpetually sad. One should find the exact balance between those two and that is the correct path. [Perhaps the Rambam doesn’t mean the middle path as much as the balanced path. One should have the proper reaction called for in every situation].

The Rambam extols one who is able to do this: He is a Chacham (wise) and a Shalem (whole). Says the Rambam “We are commanded to walk in these middle paths, and they are good and straight, for it says ‘you shall walk in His ways’. (Our passuk!)

He then says that this is what Chazal meant when they said just as he is merciful you too should be merciful. The Rambam adds a whole list of traits to this list: Holiness, kindness, strength, wholesomeness, etc.

There is a glaring question here. How is walking the middle path the way of Hashem? And how do we jump from walking the middle path to emulating Hashem’s traits?

[Indeed in Sefer Hamitzvos Aseh 8 the Rambam codifies walking the middle path in all character traits as a positive mitzvah of walking in His ways].

Every person is created in the image of G-d. This would mean, that there is a built in capability in every human being to be Godlike. This concept explains the Gemaras quoted above that show us what the traits and actions of Hashem are so that we know what we are able to do and what levels we are supposed to reach.

Along comes the Rambam and says: Don’t think that the only goal is to emulate Hashem, even the pathway to emulation is unto itself a Mitzvah! Of course the ultimate pinnacle of perfection is to be totally Godlike, but even the pathway to that goal is a Mitzvah. And that pathway is found by choosing the middle, balanced approach to every situation. And that is the Mitzvah of walking in His ways.

Indeed, the Sefer Hachereidim records this as Mitzvah that can be performed every moment of every day by everyone. Because in every situation that we are faced with, in every decision we make, if we choose the proper balanced approach we are maximizing our potential as a Tzelem Elokim, an image of G-d, and that is a positive commandment. (c.f. Daas Torah Bamidbar p.225)

Interestingly, Rav Saadiah Gaon doesn’t count this as a mitzvah, and explains that it is included in “veahvta es Hashem Elokechah” loving Hashem. Perhaps we can explain this with R Yeruchem Levovitz’s explanation of ‘walking in His ways’. R’ Yeruchem explains that if someone loves and respects someone immensely, be it a teacher or a public figure, they start imitating them, even subconsciously, because they want to be like them. (Imagine bochurim talking like their favorite Rebbe). If one loves and respect Hashem properly, they almost automatically will try to be like Him. Hence it is included in the mitzvah of loving Hashem!!

This time of year, when there is a special closeness between the Jewish Nation and Hashem is perhaps the most auspicious time to intensify our efforts to walk in His ways and emulate His traits.

Sunday, August 23, 2009

Manscaping and Other Cross-Gender Dress Issues

I was recently asked about the halachic permissibility of Manscaping. Although waxing my back is not something I would ever succumb to willingly, it is said that there are men who do so. Perhaps more common is eyebrow razing and nose hair plucking. What is the Halachic stance on this?

“Male garb shall not be on a woman, and a man should not wear a woman’s garment, for anyone who does so is an abomination of Hashem.”

The Gemara explains that the potential abomination is that a man or a woman who dresses as the opposite gender does so in order to mingle with that gender for promiscuous reasons. 

The Gemara elaborates on what is included in this prohibition:

It is prohibited for a woman to carry weaponry, traditionally a male item. In fact this is how the Targum translates the first part of our Possuk. Interestingly, the Targum Yonason in Shoftim writes that the reason why Yael killed Sisra with a tent peg and not a conventional weapon was to circumvent this prohibition. Rav Moshe Feinstein writes that a woman may carry a handgun, and learn how to use it, in a dangerous climate.

Clothing includes ornaments, trinkets and jewelry that are normally worn by the other gender.

A woman may not wear a mans hat, jacket or other item of clothing that is not worn by women in that society, and vice versa, a man may not wear a woman’s item even if it is clear from the rest of their garb as to what their true gender is. The Bach and Taz say that in a case of necessity such as when the clothing is worn to protect from the cold or the heat it is permissible, but the Shach is not that comfortable with this heter.

The Yereim explains this is even when it is done as a joke or skit. However the Rema (OC 696), when discussing the laws of Purim, writes that the Minhag is to not be machmir when it is done in fun, and the Pri Megadim adds that this is especially true when only one garment is of the other gender and the masquerader is easily identifiable as their true gender. The Shelah and others however caution against doing so. 

Similarly, in a society where it is usual for men to shave other parts of their body the Gaonim write that it is permissible to do so (although they recommend that a ‘chaver’ refrains from doing so). The Rambam, while conceding that in such circumstances he would not receive Malkos holds that it is still forbidden.

The Rema clearly does pasken like the Gaonim that it is fully permissible to do whatever is acceptable in the society in which he lives. Rav Akiva Eiger, quoting the Perisha, explains that society for this purpose is defined by the society at large and not only by the Jewish community. 

So to answer our question, it would seem that at least for American Ashkenazim it would be permissible to trim their eyebrows and nose hairs. Other body areas, ‘man’icures and so on would depend on contemporary social norms, with which I am not intimately familiar, but I have been led to believe that in least in the cosmopolitan societies of New York and Los Angeles manscaping would be considered normal male behavior.

Friday, August 21, 2009

Learning Torah at Night Part 2

We had previously discussed the specialness of nocturnal Torah study. I would like to qualify that with an interesting limitation on night-time Torah study.

The Medrash reports that when Moshe Rabeinu ascended Mt. Sinai, the way he was able to differentiate between night and day was that Hashem would teach him the Written Torah (the 24 books of Tanach) during the day, and at night-time He would teach him the Oral Torah (Mishna, Talmud etc.).

Based on this, the Mekubalim say that one should refrain from studying ‘Mikrah’ at night. The Mishna Berura explains that at most it is a matter of preference, not forbidden. The Yesod V’Shoresh HaAvodah and other more Kabalistic works write that there is a spiritual danger to studying Torah Shebechsav at night.

There are however many notable exceptions which would make this preference very easy to fulfill.

1) One may learn Tanach with Rashi or another commentary. An English translation would fit the bill as well.
2) Sofrim may write and verbalize the words they are writing. This is because they are writing in accordance to the Mesorah which is Torah Shbal Peh.
3) This concept is not applicable on Thursday Friday or Saturday night, on Yom Tov or on Chol Hamoed.
4) Tehillim said for a sick person or for shmirah may be said.
5) Some say that the whole prohibition is only until Chatzos (halachic midnight).

Based on the above, there is almost no practical application of this chumrah, and were it to be applicable, we could always rely on the Mishna Berura’s opinion that it is merely a scheduling preference but if that is when one has time to study Tanach they should definitely do so without hesitation.

You may also be interested in Rabbi Ari Enkin’s excellent article on what not to learn on Shabbos.

As Elul begins and we draw nearer to Rosh Hashanah some of you may be feeling the urge to learn how to blow Shofar properly. There is an excellent how-to book on the subject, written by Rabbi Avrohom Reit, an expert in the practical applications of Jewish Law. Check out his illustrated guide here.

Tuesday, August 11, 2009

Learning Torah at Night

At the end of the list of events that took place on Tu B’Av the Gemara (Taanis 31a) declares: Now that the nights are getting longer, people must learn more Torah at night. One who learns Torah at night will have increased longevity and one who does not learn Torah at night will have the tragic opposite results.

The Gemara in Avodah Zara (3b) elaborates on this concept: Resh Lakish says one who studies Torah at night is blessed with a “thread of kindness,” meaning that he will find favor in the eyes of others, during the day.

The Rambam (Talmud Torah 3: 13) says that although the Mitzvah is to learn Torah both day and night, the bulk of ones wisdom is acquired at night. He then proceeds t quote the Gemara in Avoda Zara above.

And to top it all off, the Gemara in Eruvin (65b) says that night was created solely for Torah study.

What is so special about nocturnal Torah study?

I once heard a beautiful thought to explain this. (I think it was repeated in the name of Rav Aharon Kotler but cannot place it right now). What one does during the day is what they are obligated to do. They work, take care of their families and communities. Night time is synonymous with rest and relaxation, and doing what we choose to do. It is when we naturally revert to our default positions.

If someone is so involved and enthralled with learning Torah to the point that their default position is to sit down and study Torah, then Hashem says I will give you a special bracha in that Torah learning. You will be able to acquire the most wisdom during that session, and you will have a special chein throughout the day.

This concept is brought l’halacha in the Shulchan Oruch (OC 238:1). The Mishna Berura explains that one should be careful that even in the summer months they learn Torah for at least a few minutes after nightfall.

For Part 2 of this article please click here.

Sunday, August 02, 2009

Tu B’Av

The Mishna in Taanis tells us that there are no happier days for the Jewish People than Yom Kippur and the fifteenth day of Av. On those days the maidens of Jerusalem would go out to the vineyards in borrowed clothing, (so as not to embarrass the girls who didn’t own fine garments) and exclaim accolades that would shed a positive light on their particular station and situation.

Yom Kippur was an occasion for joy because on Yom Kippur G-d forgave the Jewish people for the sin of the Golden Calf and Moshe Rabeinu descended with the second Luchos.

The Gemara gives several reasons for the joy of the fifteenth of Av.

It was the day that the Tribes were allowed to intermarry. Until then, due to the incident of Tzelafchad’s daughters, all Jews would only marry people from their own Shevet. On the fifteenth of Av it was proclaimed that this only applied to the generation of Tzelafchad’s daughters.

After the Pilegesh B’Givah incident all the Shevatim were forbidden to marry any Benjaminites. (Shoftim 21) This decree was rescinded on Tu B’Av as well.

All the males in the desert aged twenty to sixty had been told they were going to die. Every year on Tisha B’Av all the eligible males would dig graves and go to sleep in them, and every year a number of them would die in those graves. In the fortieth year no one died. Thinking they had miscalculated, they tried again the following night. This continued until the fifteenth of the month, whereupon they saw the full moon and realized the decree had expired and they would all be entering Eretz Yisrael. They established that day as a Yom Tov. Additionally, at that time Hashem resumed speaking directly to Moshe Rabeinu, for the past 38 years he had only been speaking to him in an unclear manner.

Yeravem ben Nevat had erected roadblocks throughout Israel in an effort to stop people from being oleh regel to Jerusalem and instead redirected them to his places of idol worship. On the fifteenth of Av Hoshea ben Alah, his successor, despite being considered an evil king, removed the roadblocks thereby allowing people to once again to Jerusalem.

During the Bar Kochba revolution the Roman authorities would not allow the dead of Beitar to be buried. On the fifteenth of Av they were permitted to be buried. At that time the Sages in Yavneh composed the fourth blessing of Birkas hamazon in thanks to Hashem; miraculously the bodies had not decomposed at all.

On the fifteenth of Av they would cease chopping wood to fill the storehouses of the Beis Hamikdash. The strength of the sun would begin to weaken then and the wood wouldn’t dry properly. This was a cause for celebration for as the nights grew longer people would have more time to be able to dedicate themselves to Torah study. 

The Bnei Yissacher asks: Why is it that Tu b’Av seems to have a special significance for Shiduchim? We see the various laws regarding the intermarriage of the Shevatim were given on this day, and it is the day that the Jerusalem maidens would seek their matches. What is the special significance?

As we know, the seven day creation of the world began on the 25th of Elul and was completed on Rosh Hashanah. The Gemara tells us that forty days before the creation of a child its shiduch is decided in Heaven. So too, explains the Bnei Yissacher, forty days before the birth of the world, which was created for the benefit of Klal Yisrael, Hashem announced the ‘shiduch’ between us and Him.  This was on Tu b’Av; and forever after the day is vested with a special blessing for marriages.

[He fascinatingly points out that according to R’ Yehoshua who maintains the world was created in Nissan, there is a similar parallel to Tu B’Shvat. He also discusses the significance of Yom Kippur regarding shiduchim.]

Monday, July 20, 2009

The Nine Days

The ‘Nine Days’, the period of time from Rosh Chodesh Av through Tisha B’Av, is a period of intense national mourning. The Gemara tells us that when Av enters we should diminish our joy. Indeed, many understand this to mean to cease all joy entirely. [The Shaar Hatzion seems to indicate that merely minimizing joy is sufficient from a Halachic standpoint.]

The Gemara says that one should not engage in a lawsuit with a non Jew during this time, as the Mazal of the Jew is ‘down’. Included in this would be elective or non vital medical tests and procedures, as they are considered a ‘din’ with Hashem. [When involved with a potentially dangerous situation we are forcing Hashem to judge us at that time].

There are five categories of items that are prohibited during the nine days:

Building and Planting for Pleasure

This is the least known, and only Talmud based prohibition. One is prohibited from building a pleasure dwelling or planting a garden. Items that are necessary, such as appliances, shelves, furniture etc. may be bought if they are needed then. If one is merely refurnishing or updating their appliances, they should not schedule that for during the Nine Days.

Extensive landscaping would be included as well. Rav Moshe writes that one should not purchase a new car for non-business purposes.

Included in this category is general business if not necessary for livelihood. Although we generally consider all business as necessary for livelihood, it would be prudent to minimize engaging in business that could be delayed until after the Nine Days.

One may engage in renovating or building a residence he is not living in if it won’t be completed or moved into before the Nine Days.  There are exceptions to this, such as a house for a child who is getting married, and should be discussed with a Rov.

Meat and Wine

Meat and Wine, although originally only forbidden for the Seudah Hamafsekes, are prohibited the entire Nine Days by the Rishonim. The Beis Yosef explains: whereas the Gemara tells us that there is no joy without meat and wine, one should not have these items during this time of mourning.  The Vilna Gaon suggests that this originated with a group of Jews who refrained entirely from meat and wine after the second Temple was destroyed, stating that if the Mizbeach isn’t able to ‘partake’ in meat an wine, how could we? Although the Gemara reports (Bava Basra 60b) that R’ Yehoshua stopped this from becoming public policy, the Minhag stuck for the Nine Days.

It is the contemporary custom to avoid all meat and wine, even in a larger dish (that is, a tavshil shel basar), but meat dishes are fine.

Grape juice is not allowed.

The Minhag is to not give small children meat as well. If however there is a health necessity (or the child won’t eat dairy) it is permitted. There may be some wiggle room with Shabbos leftovers, consult your Rav for personal guidance.

Havdala wine should be given to a child who is old enough to make and understand a Bracha but is not old enough to mourn for the Destruction of Jerusalem. This is probably between the ages of 5-10. If no child is available he should drink it himself. Rav Elyashiv writes that whereas the custom is that women do not drink Havdala wine it is better for the Mavdil to drink it then to give it to a young girl.

If one generally gives their children a meat ‘Shabbos meal’ several hours before Shabbos, he may do so on this Friday as well. (Igros Moshe OC 4:21:4)

Rav Moshe (Ibid) says that one may not eat a meat Melava Malka, there are those who permit it for one who is careful to do so every week.

Washing

It is forbidden to wash any part of your body during the entire Nine Days. That being said, I’d like to trace the etymology of this Halacha through to its practical application. (Based on Shiurei Halacha from Rabbi S. Felder).

The Rema rules: The only permitted washing is head hands and feet with cold water on Erev Shabbos. If one regularly uses hot water to wash his head some permit it.

The Mishna Berura elucidates: Soap is forbidden

The Chaye Adam permits hands and feet with hot water on erev Shabbos if one is accustomed to that.

[The Steipler says that the heter to wash feet is only for those who go barefoot. In the times of the Rema they didn’t wear shoes?]

The Aruch Hashulchan protests the opening of bath houses on Erev Shabbos Chazon.

On these shores, Rav Moshe Feinstein and Rav Henkin were much more lenient regarding bathing on Erev Shabbos. Rav Henkin explains that we are all istinus (finicky), and there is a heter for a istinus mourner to bathe which we can apply to Erev Shabbos. Rav Moshe explains that for Americans who bathe daily there is a greater discomfort and therefore lack of Oneg Shabbos to be unbathed. Additionally, he points out, that when we bathe for Shabbos it is clear we are doing so in honor of Shabbos, being as its not the only bath of the week.

Even according to the above, one still shouldn’t use hot water; it doesn’t have to be freezing, just not pleasurably hot.

The Shalmas Chayim says that one may use soap for cleaning purposes, just not for pleasure purposes.  It would seem the minhag is in accordance with his view.

How about during the week? All the above Poskim were only talking about in honor of Shabbos, but would seem to feel that during the week it would be prohibited.

We can (and Rabbi Felder does) make the following calculation. On Yom Kippur and Tisha B’Av themselves one may wash part of his body that got dirty. One is limited, however, to the part of his body that is dirty. If he is dirty in several places and it would be difficult to wash each one individually, then he may wash his whole body at once. His intention must be to remove the dirt exclusively and not for pleasure. (We are generally machmir on this Halacha on Tisha B’Av and Yom Kippur, but them’s the facts).

Therefore, if one makes the case that sweat and daily grime is halachic ‘dirt’, then they would be able to wash their entire body to remove that dirt. Indeed, the Mishna Berura (613:2) does say that a lot of sweat would be permissible to wash it off [theoretically on Yom Kippur and Tisha B’Av!] but one should be machmir. During the Nine Days we could rely on this.

So if one is uncomfortably sweaty, they can be permitted to take a short, non pleasurable, not too hot shower with a minimum of soap necessary for cleansing.

According to Rav Soloveitchik’s understanding of the three weeks/ nine days/ Tisha B’Av it would appear that there is further room to be lenient regarding bathing.

Swimming is prohibited. Rav Sheinberg and Rav Yechezkel Roth both didn’t like the idea of young children swimming publicly either, although it is Halachically permitted.

Buying and Fixing Clothing

It is forbidden to buy make or repair new clothing, even if not for use during the Nine Days. Old clothing can be repaired (but not washed).

A Sheitel can be recut or repaired, but not washed.

One may buy Tisha B’Av shoes if necessary.

If there is an unusual sale one may take advantage of it.

Washing, and Wearing (Freshly Washed) Clothing

It is forbidden to wash clothes (even for later use) and to wear freshly laundered clothes. This applies to clothing, bedding, towels, hand towels and the like.

Dry cleaning and ironing is also included (Igros Moshe OC 3:79,83).

Spot cleaning and drying wet clothes is permitted.

One may not wear Shabbos Clothing during the Nine Days with the following exceptions:

Shabbos

The parents and grandparents at a Bris or Pidyon Haben, if they would have done so any other time.

The Mohel and Sandak at a Bris if they would have normally done so.

For a date one may wear freshly laundered and Shabbos clothes.

One cannot give their clothes into the dry cleaners during the Nine Days, but may pick up clothes that were cleaned before Rosh Chodesh.

One may wash the clothing of very small children who soil their clothing often. One can be meikel for older children as well outside of the week of Tisha B’Av. (Chaye Adam).

One should ‘prewear’ their garments before the Nine Days.  One can layer many items at once if necessary. Sheets should also not be fresh during the Nine Days, although you may give a guest fresh sheets.

If one failed to pre wear their clothing, they may change several times over Shabbos. It has to be done at a time that would be normal to change such as after a nap so as not to be considered hachana.

There is no blanket exception for undergarments. One should ideally prepare their undergarments the same way he prepares his other clothing. If they haven’t, or have a hard time doing this due to hygienic concerns, they may change during the Nine Days, but only when their clothes become uncomfortable and smelly, not routinely.

Wednesday, July 08, 2009

The Three Weeks

The three weeks between the 17th of Tammuz and Tisha B’Av (commonly known as “The Three Weeks”) are a time of mourning for the Bnei Yisrael. We therefore refrain from various joyous practices during this period. They are split into three levels with their intensity increasing as we approach the ninth of Av. This article deals with the first of these levels from the 17th of Tammuz up until Rosh Chodesh Av.

We don’t take haircuts or shave. This is similar to Sefirah and more details can be found in this post.

We don’t listen to music. One who is professional musician as well as one who is learning how to play an instrument may continue to do so. (After Rosh Chodesh Av it is best to do so in a secluded place). For more music related laws please see the Sefirah post. 

We don’t get married during this time.

We do not recite Shecheyanu. Therefore one shouldn’t purchase an item that requires a Shehechyanu, such as new clothing, a new car (for personal use, not business or family use), or a new Tallis. New clothing that does not require Shecheyanu or that was bought before the 17th of Tammuz and Shecheyanu was already recited may be worn for the first time up until Rosh Chodesh Av.

Clothing that requires Shecheyanu may not be bought but may be worn on Shabbos until Rosh Chodesh.

Rav Soloveitchik had a fascinating Halachic observation: All laws of Aveilus throughout the year must be modeled after the Aveilus one has for a relative that passes away. Therefore we will treat Tisha B’Av as Shiva, the Nine Days as Shloshim, and the three weeks are analogous to the 12 months following the death of a parent. (Nefesh Harav).

17th of Tammuz

The 17th of Tammuz has historically been a calamity prone day. The Mishna (Tanis 4:6) lists 5 things that happened to the Jewish nation n this day:

1) The Luchos were broken when Moshe Rabeinu descended from Har Sinai and came across the Golden Calf. (40 days after the 7th of Sivan).

2) The Korban Tamid (the twice daily sacrifice that was brought in the Beis Hamikdash) ceased [either due to government edict or because of internal Hasmonean conflict c.f Bava Kama 82b].

3) The walls of Jerusalem were breached during the destruction of the Second Bais Hamikdash according to the Babylonian Talmud, and during both destructions according to the Jerusalem Talmud.

4) Apustamus [a Greek minister] burnt the Torah. The Tiferes Yisroel understands this to mean the Torah that Ezra had written and was used to check other Torah scrolls against. Alternatively it refers to any and every Torah he could get his hands on.

5) An idol was erected in the Beis Hamikdash. When this occurred is a dispute in the Jerusalem Talmud. Some say it refers to the idol of Menashe during the first Temple period, and some say it was erected by the aforementioned Apustamus, which was during the Second Temple period.

For laws of fast days please see the article on Fast Days

Monday, June 29, 2009

Dipping Your Dishes

The right way to Tovel your dishes and pots

We are obligated to immerse all metal, lead or glass dishes that were purchased or received from a non-Jew. This is inferred from Bamidbar 31:23 where the Jewish people were instructed to dip the dishes they had taken from the spoils of the war with Midyan in a Mikvah.

The Mikvah that is to be used for keilim (vessels) has to be a fully kosher Mikvah. An ocean, or any body of water that is spring fed, may also be used. If it is rain fed then it must be still (calm) waters.

The tevilah can be performed by any Jewish adult or a Jewish child being watched by a Jewish Adult. A non Jew may assist the Jew in Toveling, provided that a Jew is supervising him and is toveling simultaneously and made the blessing for both of them.

The blessing (Asher Kidshonu B’mitzvosav Vtzivanu Al Tvilas Keli) should be made prior to the immersion. If one is Toveling several items he says Al Tevilas Keilim.

The Tevilah may be done anytime other than Shabbos and Yom Tov.

The dish must be fully immersed, both inside and out, including the handles and any permanently attached parts. Therefore one should let go of the item while it is underwater for a moment, hold it very loosely, or wet ones hands before immersing the vessel. Many Mikvaos provide an appropriate basket that one can put the utensils into and they will get fully covered.

Electric appliances (such as an urn) should be immersed up to the beginning of the electric housing, provided that the entire portion of the appliance that comes into contact with the food is under water. (Igros Moshe YD 1:57).

One is only obligated to immerse utensils that the owner is planning on using for food. Therefore a shopkeeper does not have to Tovel his inventory, indeed, even if he does so it won’t help for the customer. So if one is purchasing items in a store with a Mikvah, they should first purchase the item and then Tovel it.

Dishes that are rented or borrowed from a non Jew do not require Tevilah.

One who reuses bottles that were specifically designed for the product that they were sold with such as Snapple or whiskey bottles does not need to Tovel them. With metal containers, it’s recommended to immerse them without a Bracha. (Igros Moshe YD 2:40,137)

A utensil that exclusively does a preliminary act with the food, and even after being used the food will require more processing should be immersed without a Bracha. Therefore a coffee grinder should be Toveled without a bracha because the grounds need to be cooked before they become edible.

A meat thermometer does not need Tevilah

China, even when glazed does not need Tevilah. Pyrex, Duralex and the like do.

Non metallic utensils that can not be identified as having glass as a composite material do not need Tevilah. Some say that Corelle and Corning are included in this. Many recommend Toveling them without a Bracha.

Stickers labels and the like must be removed. If there is a very small amount of residue, and he wouldn’t ordinarily mind it being there, he need not be concerned.

Disposable dishes such as aluminum pans that are intended for one time use are not considered keilim and do not require Tevilah even if they are reused several times. If they are of such durability that they could be used on a permanent basis, they would require Tevilah before the first use. This would apply even if your intention is to dispose of the pan after one use because of its low cost.

A Toaster (that is used exclusively to toast bread) does not require Tevilah.  (Igros Moshe YD 3:24)

When selling one’s Chametz one should be careful not to sell their actual dishes rather they should sell the Chametz absorbed in the dishes. If he sold the actual dishes he would have to Tovel them according to many Poskim.

Many are of the opinion that a convert to Judaism must Tovel all their dishes without a blessing. 

Utensils that require koshering and Tevilah should be koshered first. 

In extenuating circumstances such as on Shabbos one may gift the utensils to a non Jew and then borrow them back to avoid the obligation to Tovel.  This should only be done with rabbinic guidance.

UPDATE 7/1/2009 See the comments for more about stores and gifts

Thursday, June 25, 2009

Segulahs and Other Cool Parlor Tricks

R’ Josh Waxman over at parshablog has written an excellent article articulating very clearly the most serious problem with many modern day well publicized segulahs. This applies even to reputable Gemara based segulahs. The tricks of dubious origins have the additional problems of Darkei Emori and stuff like that. Here’s the link.

Enjoy!

Thanks to Rabbi Fink for the HT

Thursday, June 18, 2009

The Wrap – Putting On Your Tallis

A common situation. You’re standing in Shul behind an overly exuberant new Chosson, who after checking out his reflection in his shiny new Tallis bag, zips it open, pulls out his Tallis, and proceeds to whirl it around his head like a chicken at kaparos, giving everyone in a six foot radius Tzitzis lashes in the process.

The step by step tutorial:

- Remove the Tallis from the bag and separate the Tzitzis strings from one another.
- Check to see that all the Tzitzis are kosher.
- Fully unfold the Tallis and look at the Tzitzis.
- Make the Bracha
- Immediately proceed with the atifah. (More about that soon).

The bracha that we make on a Tallis is “lehisataif ba’tzitzis” to wrap with Tzitzis. What would be considered ‘wrapping’? The Tur (OC 8) records a dispute.

The Gaonim understand this to mean an “atifas yishmaelim” an Arab style wrap. The Gemara (Moed Katan 24) explains that this requires covering ones entire head and face in addition to their body.

The Itur says that only a normal body wrap is required.

The Halacha is like the Itur, although one should also cover their head. The common Minhag, as recommended by the various Poskim is to include the Gaonim’s shita as well.

There is no one right way to do an atifah with a Tallis. Here are several, I’d love to hear about other variations as well.

The Mishna Berura way

The Mishna Berura recommends the following: Have the Tallis draped over your back and head with the top of the Tallis draping over to your mouth level. Gather all four Tzitzis and flip them over your left shoulder, all the while being careful that the Tallis is covering your shoulders. Hold for 2 full seconds and release.

The problem many have with this method is, if the Tallis is covering your eyes, then that can’t be considered an atifah. [Several of the methods below avert this problem].  Rabbi Blumenkrantz ZT”L explained that the Mishna Berura means that you cover your face loosely, in a way that you can still see out.

The Sephardic way:

The Ben Ish Chai describes the procedure as follows: Put on the Tallis like a scarf (preferably whilst covering your head). Take the two right Tzitzis and throw them over your left shoulder covering the bottom part of your face in the process. Hold for two seconds, then throw the two on the right side over the left shoulder and hold all four for two seconds. Release and immediately drape the Tallis over your back.

The Lithuanian/Yekke way

The Minhag of the Lithuanian and German Jews was to put the Tallis on normally with their head covered and pull it slightly from the sides to cover their faces.

The Gra/ Chazon Ish way

The Vilna Gaon in Maaseh Rav writes that one need not do an Atifas Yishamaelim, just put on the Tallis and cover your head in the normal manner. The Chazon Ish added that covering your eyes may constitute a hefsek in the atifah and should not be done.

The Rav Moshe Feinstein way

Rav Moshe would put on his Tallis regularly and then pull the right side over his left shoulder covering to bottom of his face.

The minhag is to always keep the top of the Tallis on top and not to use it upside down, therefore we sew an Atarah on the top of the Tallis to signify ‘this way up’. The Arizal was not careful about this, perhaps this is the reason that Chabad Talliesim don’t have an Atarah.

Many have a custom to beautify their Tallis with a silver Atarah. The Aruch Hashulchan felt that this was a fallacy because it made it seem as if the main part of the Tallis is the part that covers the head whereas in truth the focus should be on the part that covers the body.

All agree that it is of primary importance that the Tallis covers the entire body, and not have it draped over the shoulders.

It goes without saying that one should follow their own Minhag.

Friday, June 05, 2009

Fingernail Fun Facts

We Orthodox Jews tend to get the heebee jeebies when it comes to nails (the ones that grow on fingers and toes, not the ones that are intentionally hit with a hammer).

What is the background of this? A brief history:

The Gemara (Moed Katan 18a, Niddah 17a) says that there are three types of nail cutters – righteous, pious and evil. The righteous bury their nails, the pious burn them and the evil people just throw them down.  The Gemara goes on to explain that the problem with the nails being in a public place is that a pregnant woman may step on them.

So what’s the big deal if a pregnant woman steps on nails?  The Ran offers two explanations; her revulsion upon seeing them may cause her to miscarry, and “keshafim”, or evil spirits, are associated with nails. (We’ll get back to that).

The Pri Megadim (OC 260) offers the following:

Adam HaRishon was created covered by nail like material over his skin. After the sin it was removed, remaining only on his fingers and toes.  Since Woman is generally blamed for the original sin, there is therefore a danger for pregnant women to step on finger and toe nails.

The Gemara (Ibid) qualifies this law by saying that if the nails are moved there is no danger. Therefore in a Beis Medrash or other place where women are not common one doesn’t have to worry, even if they will be swept up and placed outside. The Elya Raba writes that perhaps they have to be moved to an entirely different room.

Based on the above it would be prudent for a pregnant woman to avoid a nail salon.

Rav Steinman writes that he asked the Chazon Ish how come we don’t see women miscarrying due to a lack of diligence and knowledge of these laws? The Chazon Ish replied that as we are living in a time of Hester Panim there is ‘static’ between us and the spiritual powers associated with these dangers and there is therefore less of a risk.

Some other rules of (thumb)nails:

• Not to cut on Thursday because they will sprout (presumably this means noticeably) on Shabbos.


• Not to cut finger and toe nails on the same day (Mogen Avrohom 260). (Shulchon Hatahor recommends averting this problem by leaving one toenail uncut).


• Only cut fingernails Erev Shabbos and Yom Tov (Ibid).


• Based on the above the Mogen Avrohom recommends cutting toenails on Thursday and fingernails on Friday.


• Not to cut nails on Rosh Chodesh (R’ Yehuda Hachassid quoted in Ba’er Haitiv OC 260).


• The Rema says not to cut fingernails in order. The order he gives is 42531 for the left hand and 24135 for the right. The Arizal laughed at this practice and the Maharam Miruttenberg was not particular about this. The Mogen Avrohom recommends being stringent. There are various opinions as to which hand to cut first, the Rema seems to favor the left. (See Pri Megadim and Ashel Avrohom Mibutshetsh).All this does not apply to toenails. (Chazon Ish).

The Aruch Hashulchan (OC 260:6) writes that all of the above are not halachic obligations rather one who is careful should be, and one who is not doesn’t have to start.

Shabbos

There is a definite preference for one to cut their fingernails on Friday in honor of Shabbos. It is a matter of dispute as to when is the correct time to do this, some say specifically in the morning, others choose the afternoon. Some say before the Mikvah, others say after.

Netilas Yadayim and Tevilah

Dirt on hands is considered a chatzitzah, or separation, for ritual hand washing and would have to be removed before washing for bread. The same applies for dirt under nails, but only on the portion of the nail that extends beyond the finger. For immersion in a Mikvah we are more stringent and require that the nail be completely clean, therefore we cut them for tevilah.

Klipos

As mentioned, there are evil spirits associated with nails.  Although I have absolutely no understanding of this, it seems that the part of the nail that extends beyond the finger contains little bad guys and the part that is near the skin contains the really good guys.

Havdalah

The Rema (OC 298:3) quotes the Zohar that when one makes the blessing on the candles during Havdalah on Motzai Shabbos one should look at the nails of their right hand with the hand curled inward and the thumb tucked away out of sight.

The Mishna Berura explains that one has to have enough benefit from the light to differentiate between different coins. We ascertain this by differentiating between the nail and the finger which are of similar color. He adds that nails are considered a sign of blessing because they are constantly growing. I’m not sure why we avoid the thumb, if anyone knows please let me know.

Chol Hamoed

It is forbidden to cut nails on Chol Hamoed under ordinary circumstances unless they were cut on Erev Yom Tov or for a mitzvah (e.g.  Mikvah). 

Tuesday, May 26, 2009

Eating Dairy on Shavous (or Who Moved my Cheesecake)

Eating Dairy on Shavous

The Rema cites a minhag to eat a Milchig meal on the first day of Shavous. There are many reasons given for this custom, The Rema himself suggests (as explained by the Mishna Berura) that just as on Pesach we have two foods to remember the Korbanos brought on Pesach so too on Shavous in remembrance of the two loaves that were brought on Shavous we have a dairy meal immediately followed by a meat meal, each requiring its own loaf of bread.

It would seem from the Rema that:

1. Having cheesecake at Kiddush isn’t good enough, it has to be a meal containing bread


2. One should not have a Dairy meal in lieu of a meat meal; rather there should be an additional dairy meal.

 Aside from the Rema’s reasoning, this would seem so because one should have meat at all the meals on Yom Tov, including Shavous.

The Magen Avraham rules that one doesn’t need to say Birkas Hamazon between the milk and the meat, and can have them in one meal, but should change the tablecloth or placemats and wipe and rinse his mouth. Indeed, it is problematic to say Birkas Hamazon only in order to have meat. (YD 89 Rema).

The opinion of the Zohar as quoted by the Beis Yosef is that one should never have meat and milk in the same meal, thereby placing one in a difficult situation. He can’t bentsh and make it a separate meal just in order to have meat, but he can’t have milk and meat in the same meal. The Darkei Teshuva therefore recommends having milchig without bread at Kiddush, waiting an hour and then washing for bread. This would work according to all the other reasons to have Dairy, but not according to the Rema who requires bread. 

The Mishna Berura paskens like the Magen Avrohom that one may have the milk and then the meat in the same meal. This would definitely satisfy the Rema. The Pri Migadim (Ibid) says that according to those who require a separate meal in accordance with the Zohar, On Shavous one would be permitted to say Birkas Hamazon in order to eat dairy.

If he had ‘hard cheese’ then he would have to say Birkas Hamazon and wait six hours. (six hours for the purpose of this article is whatever one normally waits between meat and dairy). There are differing definitions as to what hard cheese is; Parmesan is a definite suspect.

UPDATE for more on cheese in halacha and what constitutes hard cheese, there is an excellent article on Hirhurim on the topic from Rabbi Gordimer of the OU

The Kol Bo quotes a minhag to have the Dairy meal in the afternoon and that one may be lenient about the waiting period after meat. The conclusion of the later Poskim is not to rely on this.  (See the Noam Elimelech, Mishpatim on Lo Sevashel gedi bchalev imo).

Indeed, the Mishna Berura, quoting the Pri Megadim writes that one should be careful on Shavous to keep all the laws of mixing milk and meat as elucidated in Yoreh Deah, and not to be ‘yotze sechara bhefsedah’, supplant  the gain (of eating dairy) with the loss (of not keeping the Halacha properly).

As noted, the Rema writes the custom is only applicable on the first day of Shavous. This is indeed the common minhag, although the Kaf Hachaim brings an opinion that it applies to the second day as well.

You can, of course, order your cheesecakes in Israel from Your Man In Jerusalem