Cutting back a fruit tree, Part II

Hi,

If one's fruit tree is harming his other plants, and the other plants are more significant to him, he may uproot or cut back the fruit tree.

(Taz Yoreh Deah 116:6)

Have a great day,
Mordechai

Cutting back a fruit tree

Hi,

One is not permitted to cut down a branch if that branch produces fruit. However, there are circumstances in which this is permitted; more in upcoming emails.

(Taz Toreh Deah 116:6)

Have a great day,
Mordechai

Cutting back a neighbor's nuisance

Hi,

If a neighbor's branch overhangs one's property, one may cut back any branch which impedes normal use of his property. One may not cut past the property line, though.

(Code of Jewish Law Choshen Mishpat 155:26)

Have a great day,
Mordechai

Don't be a nuisance

Hi,

If the noise and vibration of one's gardening work causes physical damage to one's neighbor's property, one must distance his work from that neighbor's property, and one is liable to pay for damages.

The same rule applies if one's work makes it physically impossible for his neighbor to do his own work, in his own property. One must even distance himself if his work is simply causing a headache for the neighbor.

(Code of Jewish Law Choshen Mishpat 155:15)

Have a great day,
Mordechai

The Tenth of Tevet

Hi,

The fast of Asarah b’Tevet, the 10th day of Tevet, marks the beginning of the Babylonian siege of Jerusalem. It led to the destruction of the First Beit haMikdash, and the exile of the Jews to Babylon.

Today [Sunday 12/27/09] is Asarah b'Tevet. As we are taught regarding every fast other than Yom Kippur, the main merit of the fast is in donating to charity the money we would have spent on food.

(Talmud, Berachot 6b; Code of Jewish Law Orach Chaim 549:1; Mishneh Berurah 549:2)

Have an easy and meaningful fast,
Mordechai

Planting near a wall

Hi,

One should distance his plants from his neighbor's wall, to prevent causing harm to that wall. The default assumption is that a distance of 11 inches is safe.


(Code of Jewish Law Choshen Mishpat 155:5; Me'irat Einayim 155:19)

Have a great day,
Mordechai

My neighbor's roots

Hi,

If I am digging a hole in my property and I encounter roots from my neighbor's tree, I am entitled to cut those roots. If the roots are within 16 cubits (about 29 feet) of my neighbor's tree, I must give him the pieces of the roots, for they are considered a part of his tree; otherwise, I may take the wood.

(Code of Jewish Law Choshen Mishpat 155:30; Me'irat Einayim 155:68)

Have a great day,
Mordechai

Tree Zoning

Hi,

One whose tree overhangs a public road must cut it back to such an extent that it will not interfere with standard traffic.

(Code of Jewish Law Choshen Mishpat 155:27)

Have a great day,
Mordechai

Splitting a shared garden

Hi,

Partners who decide to separate their shares in a garden, such that each will now plant within a separate property, are obligated to contribute toward the establishment of fences between the areas.

However: If the local practice is not to have fences, then one party - or even the majority of the parties - cannot force the others to participate in establishing fences.

(Code of Jewish Law Choshen Mishpat 158:1; Sefer Me'irat Einayim 158:2)

Have a great day,
Mordechai

Watering plants on Shabbat, Part II

Hi,

The prohibition against watering plants on Shabbat extends to potted plants.

However: One may water vegetables and edible plants which are separate from the ground, in order to keep them from drying out and becoming inedible. This is because those vegetables/plants could be used for the Shabbat meal.

(Code of Jewish Law Orach Chaim 321:11; Mishneh Berurah 321:37)

Have a great day,
Mordechai

Watering plants on Shabbat, Part I

Hi,

On Shabbat one may not water plants which are connected to the ground; this is a sub-category of the general prohibition against planting on Shabbat.

(Mishneh Berurah 321:37)

Have a great day,
Mordechai

Eating fruit from a grafted tree

Hi,

One may not graft a branch from a tree of one species to a tree of another species. However, one may eat the fruit which results from such a graft. This permission extends to the product of any interspecies grafting - fruits or vegetables.

(Code of Jewish Law Yoreh Deah 295:7; Beiur haGRA Yoreh Deah 295:22)

Have a great day,
Mordechai

Maintaining a grafted tree

Hi,

One may not maintain a tree if it is has been grafted inappropriately. However, one may take a branch from such a grafted tree and plant that branch elsewhere. (Of course, the fact that this latter use is permitted does not justify the original, prohibited act of grafting.)

(Code of Jewish Law Yoreh Deah 295:7)

Have a great day,
Mordechai

What is grafting?

Hi,

One may plant vegetables and vines around the base of a tree, even if the roots of the plants get into the roots of the tree; the only "grafting" prohibition is against mixing one tree with another.

(Code of Jewish Law Yoreh Deah 295:5)

Have a great day,
Mordechai

Having someone else do the grafting

Hi,

Just as one may not graft a branch from one species of tree on to a tree of another species, so one may not have a non-Jew do this on his behalf. This follows the view that both Jews and non-Jews are instructed against cross-species grafting.

(Code of Jewish Law Yoreh Deah 295:2; Beiur haGRA Yoreh Deah 295:4)

Have a great day,
Mordechai

Grafting branches of trees that do not bear edible fruit

Hi,

One may graft different species of non-fruit-bearing trees to each other; this is the dominant view, although there are those who disagree.

Note that "fruit-bearing" means that a tree bears edible fruit.

(Code of Jewish Law Yoreh Deah 295:6; Pitchei Teshuvah Yoreh Deah 295:3)

Have a great day,
Mordechai

Hi,

Yesterday we mentioned that one may not graft trees of different species.

Within a single species, one may graft different trees to improve one's fruit. Thus one may take a branch from one apple tree and graft it on to another apple tree.

However, note that wild crabapples and edible are considered different species. More on this in the next few days.

(Code of Jewish Law Yoreh Deah 295:6; Pitchei Teshuvah Yoreh Deah 295:2)

Have a great day,
Mordechai

Grafting

Hi,

One may not graft a branch from one species of tree on to a tree of a different species. This applies whether in Israel or outside of Israel.

(Code of Jewish Law Yoreh Deah 295:1)

Of course, we still need to define "species" - stay tuned...

Have a great day,
Mordechai

Application of laws of Kilayim outside Israel

Hi,

Yesterday we began talking about the prohibition against planting two different types of seeds close together (Kilayim), and I mentioned that this is only applicable in Israel.

The Talmudic sages (Kiddushin 36b-37a) pointed out that land-dependent mitzvot - Tithes, the bringing of the first fruit to the Temple, leaving gleanings for the poor, etc - are Israel-linked. The Torah states for land-linked Mitzvot, "When you come into the land [Israel], you shall..."

There are two exceptions to this rule:

1. Arlah - The ban on the first three years of a tree's fruit is actually applicable outside Israel, too, by Sinaitic tradition.

2. Some of the laws against interbreeding plant species were expanded rabbinically to apply outside Israel, to protect them within Israel. Specifically, this refers to laws which are already more strict, with harsher punishments, within Israel. The case of planting seeds close together is not one of those cases.

Have a great day,
Mordechai

Laws of Planting

Hi,

In honor of our first Toronto snowstorm, we're begin reviewing a new topic: Laws of Planting.

The Torah prohibits planting seeds of two species close to each other (part of a prohibition called 'Kilayim'), but that applies only in Israel; it is permitted outside of Israel.

(Code of Jewish Law Yoreh Deah 297:2)

Have a great day,
Mordechai

Chanukah!

Hello,

With Chanukah beginning this Friday night, here are links to past posts on different laws of Chanukah:

Menorah Lighting

Menorah Lighting on Friday and on Motzaei Shabbat

Recitation of "Al haNisim"

Recitation of Hallel

The Torah Reading for Chanukah

Please note that any lighting-times mentioned in those emails were for Allentown and for a different year.

Have a great day,
Mordechai

Yaaleh v'Yavo in Birkat haMazon on Rosh Chodesh

Hi,

Although, as we have noted, we try to have a special meal on Rosh Chodesh, there is no technical obligation to do so.

Therefore: A meal I eat on Rosh Chodesh is not truly a "Rosh Chodesh meal," and one who forgets to insert "Yaaleh v'Yavo" in birkat hamazon on Rosh Chodesh does not repeat birkat hamazon.

(Shulchan Aruch Orach Chaim 424:1; Mishneh Berurah 424:1)

Have a great day,
Mordechai

Removing Tefillin on Rosh Chodesh

Hi,

We remove our tefillin before the Musaf amidah on Rosh Chodesh. That amidah focusses on the korbanot which make Rosh Chodesh a yom tov (holiday), and we don't wear tefillin on yom tov.

There is some debate as to when, precisely, to remove tefillin; some suggest during UVa l'Tzion, others suggest after the kaddish that precedes Musaf. The prevalent Ashkenazi practice is to remove tefillin after that kaddish, because of a view that one should answer a certain number of kaddish-recitations while wearing tefillin.

(Shulchan Aruch Orach Chaim 423:4; Magen Avraham 423:6; Mishneh Berurah 423:10)

Have a great day,
Mordechai

Barchi Nafshi for Rosh Chodesh

Hi,

As part of shacharit on Rosh Chodesh, we recite the 104th chapter of Tehillim, ברכי נפשי. This chapter is linked to Rosh Chodesh, the day of the new moon, through 104:19, which states, "Gd created the moon, by which the holidays are set."

(Tur Orach Chaim 423)

Have a great day,
Mordechai

Kaddish at Shacharit on Rosh Chodesh

Hi,

Yesterday we explained why there is a Kaddish after Hallel. In addition, we recite a half-Kaddish after Kriat haTorah to end that section, and then we recite another half-Kaddish after Ashrei/Uva l’Tzion to end that section.

(Mishneh Berurah 423:4)

Have a great day,
Mordechai

The role of Kaddish

Hi,

After Hallel on Rosh Chodesh, the chazan recites a full Kaddish.

This Kaddish, like certain others in davening, serves as a terminator - it indicates that Hallel is part of Shacharit, and that we have now concluded Shacharit.

Therefore, a shul which does not achieve a minyan until after Hallel does not recite this Kaddish.

(Shulchan Aruch Orach Chaim 423:1; Mishneh Berurah 423:1)

Have a great day,
Mordechai

Late to shul on Rosh Chodesh?

Hi,

We have said that Hallel is meant to be recited on Rosh Chodesh with a minyan, to the point that some question whether one who recites Hallel alone should recite a berachah upon Hallel or not.

Therefore, one who comes to shul on Rosh Chodesh just before Hallel should recite Hallel with the minyan before reciting the rest of davening. Further, one who is in the middle of psukei d’zimra when Hallel begins should recite Hallel, without a berachah, before continuing psukei d’zimra.

(Mishneh Berurah 422:16, Aruch haShulchan Orach Chaim 422:8)

Have a great day,
Mordechai

A 'minyan' for Hallel on Rosh Chodesh

Hi,

We have mentioned the preference for a minyan for Hallel on Rosh Chodesh.

In truth, the requirement is not for a minyan, per se; even having three people present, so that one leads "Hodu" and the others respond, may suffice.

(Shulchan Aruch Orach Chaim 422:2; Mishneh Berurah 422:18)

Have a great day,
Mordechai

The berachah for Hallel on Rosh Chodesh

Hi,

We have noted that the practice of reciting Hallel on Rosh Chodesh is a minhag, rather than a requirement of the day. Therefore, there is some debate as to whether one recites a berachah for this recitation.

General Ashkenazi practice is to recite a berachah for Hallel on Rosh Chodesh, as we do for various other minhagim. However, one should make sure to do this with a minyan, or at least several other people, to satisfy the view that one only recites the berachah for a communal recitation of Hallel.

(Shulchan Aruch Orach Chaim 422:2; Mishneh Berurah 422:15-16)

Have a great day,
Mordechai

Half-Hallel for Rosh Chodesh

Hi,

Rosh Chodesh does not technically warrant recitation of Hallel; Hillel is reserved for days with special sanctity, when acts of melachah are prohibited.

Nonetheless, by custom we do recite Hallel. To distinguish between this customary Hallel and other, obligatory recitations, we omit two paragraphs from this Hallel, creating what we term חצי הלל, Half-Hallel.

(Shulchan Aruch Orach Chaim 422:2; Mishneh Berurah 422:12)

Have a great day,
Mordechai

When does the amidah end?

Hi,

Yesterday, we noted that one who omits "Yaaleh v'Yavo" in the Rosh Chodesh amidah (at shacharit or minchah), and realizes his error before stepping out of the amidah, returns to "Retzeh" and continues from there.

The Mishneh Berurah clarifies that even if one has not physically stepped out of the amidah, he is deemed to have concluded the amidah once he has decided not to say anything further, even if he has not actually stepped away.

(Mishneh Berurah 422:9)

Have a great day,
Mordechai

Remembering "Yaaleh v'Yavo" before the end of the amidah

Hi,

We have mentioned that one who omits “Yaaleh v’Yavo” at shacharit or minchah on Rosh Chodesh must repeat the amidah. However, one who remembers “Yaaleh v’Yavo” before stepping out of the amidah should return to the beginning of “Retzeh,” say “Yaaleh v’Yavo” and go from there.

(Shulchan Aruch Orach Chaim 422:1)

Have a great day,
Mordechai

Repeating shacharit if one forgot "Yaaleh v'Yavo"

Hi,

We have said that one must include “Yaaleh v’Yavo” in the amidah for Rosh Chodesh. One who forgets to recite “Yaaleh v’Yavo” at shacharit or minchah must repeat the amidah.

Some contend that one who missed “Yaaleh v’Yavo” at shacharit, but then recited musaf, need not repeat shacharit, because he has now mentioned the special status of Rosh Chodesh in an amidah. We do not follow this view, but one who repeats shacharit after having recited musaf should keep in mind that if this amidah is unnecessary, it should be counted as a voluntary amidah.

(Shulchan Aruch Orach Chaim 422:1; Mishneh Berurah 422:4)

Have a great day,
Mordechai

Forgetting Yaaleh v'Yavo

Hi,

We have said that one inserts the special "Yaaleh v'Yavo" paragraph in the amidah of Rosh Chodesh.

One who forgets to say "Yaaleh v'Yavo" in the maariv amidah, and remembers after saying "Baruch Atah HaShem" in the following "v'techezenah" paragraph, does not go back.

(Mishneh Berurah 422:2)

Have a great day,
Mordechai

Announcing "Yaaleh v'Yavo"

Hi,

We insert a special paragraph, "Yaaleh v'Yavo," in the Rosh Chodesh amidah.

One may announce this in shul at maariv after the kaddish that precedes the amidah, and it is not considered a forbidden interruption, because the announcement is for the sake of the community's amidah.

(Mishneh Berurah 422:1)

Have a great day,
Mordechai

A special insertion for shacharit on Rosh Chodesh

Hi,

On Rosh Chodesh mornings, we include the Torah's passage about the special korban (offering) of Rosh Chodesh (Bamidbar 28:11-15) in the "korbanot" section of shacharit.

This is meant to publicize the fact that it is Rosh Chodesh. Although people who come to shul will know this from the Torah reading, this is important for those who will not daven in shul.

(Aruch haShulchan Orach Chaim 281:2)

Have a great day,
Mordechai

Funerals on Rosh Chodesh

Hi,

Because Rosh Chodesh is a day of celebration, funerals held that day are altered to remove the strongest elements of mourning. Specifically: tearful eulogies are removed, as well as the tzidduk hadin [acceptance of Divine judgment] normally recited before kaddish at the graveside.

(Shulchan Aruch Orach Chaim 420:2; Mishneh Berurah 420:2)

Have a great day,
Mordechai

A Rosh Chodesh Meal, Part II

Hi,

We have said that one should have a special feast for Rosh Chodesh. This may be as simple as eating one special food, but the ideal is to have a bread-based meal in honor of the day.

(Mishneh Berurah 419:1; Shaar haTziyyun 419:1)

Have a great day,
Mordechai

Seudat Rosh Chodesh

Hi,

There is a practice of having a special meal in honor of Rosh Chodesh, for several reasons. These reasons include:

1. The special status of Rosh Chodesh as a מועד (holiday);
2. Recognition of the national atonement achieved with the special korbanot (Temple offerings) of the day;
3. A memorial for the special feasts created in Yerushalayim in the days of the Beit haMikdash, to publicize declaration of the new month.

(Shulchan Aruch Orach Chaim 419:1; Aruch haShulchan Orach Chaim 419:1-2)

Have a great day,
Mordechai

Fasting on Rosh Chodesh

Hi,

Because Rosh Chodesh is a day of celebration, one may not fast on that day. Some even suggest this is biblical, based on the biblical label of Rosh Chodesh as a מועד.

(Shulchan Aruch Orach Chaim 418:1; Aruch haShulchan Orach Chaim 418:1)

Have a great day,
Mordechai

Yom Kippur Katan

Hi,

Some fast on the day before Rosh Chodesh, and hold extended prayers for forgiveness as well; this is called Yom Kippur Katan, and the idea is that this fast atones for the sins of the preceding month.

(Mishneh Berurah 417:4)

Have a great day,
Mordechai

Preparing for the new month (Shabbat Mevorchim)

Hi,

We recite a public blessing and prayer for the new month on the Shabbat before Rosh Chodesh; this is called Birkat haChodesh. [The general Ashkenazi custom is to do this for all but Rosh HaShanah.]

One reason to do this is to ensure that people will study the laws relevant to that month's special events, much as we begin studying about each Yom Tov in the weeks leading up to that Yom Tov.

(Mishneh Berurah 417:1)

Have a great day,
Mordechai

New Topic: Rosh Chodesh

Hi,

Today we begin a new topic: Rosh Chodesh.

Rosh Chodesh, the first day of the lunar month, is identified in the Torah as a special day; special korbanot were brought in the Beit haMikdash on that day, and there were celebratory gatherings as well (see Melachim II 4:23).

Despite this special status, one may perform melachah on Rosh Chodesh, although some women do have a custom of marking Rosh Chodesh by refraining from all or some kinds of melachah.

(Shulchan Aruch Orach Chaim 417:1; Mishneh Berurah 417:3)

Have a great day,
Mordechai

Starting a Shabbat meal before nightfall

Hi,

Even though one is supposed to eat three meals on Shabbat itself, as is hinted in a biblical passage (Sh'mot 16:25), one may still accept Shabbat before nightfall on Friday and start his Shabbat meal at that point.

Ideally one should continue the meal into the night in order to eat three meals on the calendar day of Shabbat, but this is not an absolute requirement.

(Code of Jewish Law Orach Chaim 267:2; Mishneh Berurah 267:5)

Have a great day,
Mordechai

Pre-lighting the Shabbat candles

Hi,

Some people pre-light the wick for the Shabbat lights (for either candles or oil), so that the wick will catch well later, when it is lit for the mitzvah. In many homes this is done by the husband, as his participation in the mitzvah of Shabbat lights.

(Code of Jewish Law Orach Chaim 264:9)

Have a great day,
Mordechai

How to choose Shabbat candles

Hi,

For Shabbat candles, fuels are ineligible if they will not burn smoothly or will not cast good light. Those fuels would defeat the purpose of the Shabbat candles (honoring Shabbat and providing light for the household), and might even lead one to accidentally adjust the candle.

(Code of Jewish Law Orach Chaim 264)

Have a great day,
Mordechai

Interacting between Jews who are extending Shabbat and Jews who are not

Hi,

One who personally accepts Shabbat early may still ask another Jew, who has not yet accepted Shabbat, to perform work on his behalf.

The same is true for a Jew who keeps Shabbat even after Shabbat has ended - he may ask a Jew who has already performed Havdalah to perform work on his behalf.

(Code of Jewish Law Orach Chaim 263:17; Mishneh Berurah 261:18)

Have a great day,
Mordechai

Using the light of the Shabbat candles

Hi,

The Shabbat candles are meant to be used - one who lights them in a space which he does not actually frequent on Shabbat (while they are lit) has not fulfilled the Mitzvah.

Therefore, one who is going out to a friend's house for dinner Friday night, and so will not have a chance to use the candles before they are extinguished, should either stay home first to use the candles, or light at the friend's house and accept Shabbat there.

(Code of Jewish Law Orach Chaim 263:9; Mishneh Berurah 263:41)


Have a great day,
Mordechai

Berachah before or after lighting Shabbat candles?

Hi,

We recite a blessing when lighting Shabbat candles.

There is some debate as to whether one recites the blessing before or after lighting, because of a specific problem: Reciting the blessing qualifies as an act of accepting Shabbat, and so one should not light the candles after reciting the blessing. On the other hand, one who is performing a Mitzvah generally recites the blessing for the Mitzvah before performing the Mitzvah.

To address this problem, many women light the candles but don't look at them (often holding their hands before their eyes), and then recite the blessing, and then look at the candles. Since the essence of the Mitzvah is to benefit from the light of the candles, and they recite the blessing before they benefit, this qualifies as reciting the blessing before the Mitzvah.

(Code of Jewish Law Orach Chaim 263:5)

Have a great day,
Mordechai

The earliest time for candle-lighting

Hi,

One may not accept Shabbat at just any time on Friday - it must be relatively close to evening, since Shabbat is supposed to be the 7th day of the week. The earliest time one may accept Shabbat is a time called "Plag haMinchah."

We calculate Plag haMinchah this way:
1. Take the time between sunrise and sunset and divide it by 12. Each 1/12 unit is called an "hour."
2. Subtract 1.25 of these hours from sunset. The resulting time is Plag haMinchah.

For example: One day there were 9 hours and 37 minutes between sunrise and sunset, so each "hour" was 48.08 minutes. 1.25 "hours" were then 60.1 minutes. Sunset was 5 PM, so Plag haMinchah was 4 PM.

(Code of Jewish Law Orach Chaim 263:4)

Have a great day,
Mordechai

Forgetting to light Shabbat candles

Hi,

The Sages were very concerned that Jews should take their Shabbat preparations seriously. As such, they instituted a fine for someone who forgets to light Shabbat candles (as opposed to someone who simply isn't in a position to do it):

One who forgets to light on a given week is supposed to add one more candle each week for the rest of his/her life. In other words, one who used to light two candles would then light three each subsequent week.

A family which cannot afford the extra candles should instead use longer candles, so that they will add to the Mitzvah in that fashion.

(Code of Jewish Law Orach Chaim 263:1; Mishneh Berurah 263:7)

Have a great day,
Mordechai

How many Shabbat candles?

Hi,

One should make sure to have beautiful light in the home for Shabbat.

Although the minimum is a single lamp in the room in which one will eat on Shabbat, many people use at least two, to commemorate "Zachor (Remember)" and "Shamor (Guard)," the two biblical instructions we are given regarding the way to honor Shabbat. One may add as many as one wishes.

(Code of Jewish Law Orach Chaim 263:1)

Have a great day,
Mordechai

Keeping the table set on Shabbat

Hi,

One should try to keep his table set all of Shabbat, in honor of the royal presence of the day.

Some have done this by arranging three layers of tablecloths before Shabbat, so that when a meal ended they removed the top cloth, and the cloth below was ready. Even if one does not do this, one can make sure that the dining area is nicely arranged even between meals.

(Code of Jewish Law Orach Chaim 262:1; Aruch haShulchan)

Have a great day,
Mordechai

Adding to Shabbat

Hi,

Whenever a period of time is sanctified in Judaism (Shabbat, Yom Tov holidays, Yom Kippur, the Shmitah [Sabbatical] year, for example), we are expected to add to that time both before and after it. This may actually be a biblical mitzvah; there is debate as to the origin of the practice.

Therefore: We do not wait until sunset to light Shabbat candles. Local practice is to light 18 minutes before sunset; in some places they light as much as 40 minutes before sunset.

(Code of Jewish Law Orach Chaim 261:2)

Have a great day,
Mordechai

Pre-Shabbat Review

Hi,

When it is close to Shabbat, one should review with his household to make sure that the essential Shabbat preparations - leaving certain lights on or off, preparing the food, etc. - have been performed.
One must make sure to do so gently, though, without creating any tension, anxiety or anger.

(Code of Jewish Law Orach Chaim 260:2)

Have a great day,
Mordechai

Bathing for Shabbat

Hi,

One should make sure to bathe in hot water before Shabbat. One who will not have the opportunity to take a real bath/shower should at least wash his face and hands. One should also cut his nails before Shabbat.

All of this is part of honoring Shabbat.

(Code of Jewish Law Orach Chaim 260:1)

Have a great day,
Mordechai

Carrying before Shabbat

Hi,

One should not travel just before Shabbat while carrying something which he would not be permitted to carry on Shabbat itself, lest he forget and carry it on Shabbat. One should actually check his clothing close to sunset, in order to ensure that he is all set for Shabbat. (This is part of honoring the day of Shabbat.)

(Code of Jewish Law Orach Chaim 252:6-7)

Have a great day,
Mordechai

Performing heavy work on Fridays

Hi,

One may not engage in heavy labor on Friday afternoon, lest this prevent him from preparing for Shabbat. We are taught that one who does so will ultimately lose whatever profit he made from that work.

However, one may do work, even heavy work, as part of his preparations for Shabbat - whether for himself, or on behalf of someone else (assuming he is doing it for free).

(Code of Jewish Law Orach Chaim 251:1-2)

Have a great day,
Mordechai

Purchases for Shabbat

Hi,

During the week one should purchase special products and set them aside for Shabbat; this is a way of honoring the Shabbat all through the week.
One who purchases such an item, and then finds a better one later in the week, should purchase the better item for Shabbat. He may then use the first item during the week.

Note: With all of this purchasing, one must still stay within the bounds of what he can afford. We are taught: Make your Shabbat like a weekday, rather than need to be financially supported by others.

(Mishneh Berurah 250:2)

Have a great day,
Mordechai

Personal preparation for Shabbat

Hi,

One should always try to find ways to personally prepare the home for Shabbat, rather than leave it to others. One should certainly not say that it is 'beneath his dignity' - the Talmud cites specific examples of the work performed by the sages of that era in the house (sweeping, chopping wood, mincing vegetables and more), demonstrating that the act of honoring Shabbat should be considered a source of dignity for one's self.

(Code of Jewish Law Orach Chaim 250:1)

Have a great day,
Mordechai

Friday: Wake up early and taste the food

Hi,

In order to increase the honor and enjoyment of Shabbat, one should wake up extra early on Friday to prepare for Shabbat. Even one who has help in the house - so that other people could do all of the preparation - should do at least some of the work personally.

On Friday one should sample all of the foods which have been prepared for Shabbat, in order to ensure that they have been prepared well.

(Mishneh Berurah 250:2)

Have a great day,
Mordechai

Friday meals

Hi,

A Jew should ensure that he will appreciate and enjoy his Friday night meal. One step toward this goal is to avoid eating an unusually large meal on Friday, lest it ruin his appetite for the Shabbat meal that evening. Even meals arranged in honor of Mitzvot should be rescheduled away from Friday, where possible.

If such a meal must take place that day, as in the case of a Brit Milah (circumcision), then one should make sure to hold the meal in the morning.

(Code of Jewish Law Orach Chaim 249:2; Mishnah Berurah 249:13)

Have a great day,
Mordechai

Friday trips

Hi,

We spent some time on the laws of Fridays a couple of years ago, right before I started this blog to archive the daily emails. We'll spend the next several days reviewing that topic.

Many people are unaware that two of the most fundamental Mitzvot of Shabbat - honoring the day (Kavod) and creating enjoyment for the day (Oneg) - actually apply to the days preceding Shabbat, too. One should plan and prepare during the week, to make Shabbat a day of dignity and enjoyment.

One may not take a long trip on Friday, if that will cause him to arrive at his destination close to Shabbat, without adequate time to prepare for Shabbat.
The definition of "long trip" depends on one's mode of transportation, as the central issue is the travel time rather than the distance. The key is to arrive with enough time to make sure that Shabbat will be an honored and enjoyed day.

(Code of Jewish Law Orach Chaim 249:1; Mishnah Berurah 249:1)

Have a great day,
Mordechai

Choosing a Haftorah

Hi,

Today our Haftarot are ordained by custom and printed in our chumashim, but it was not always so; there were guidelines for selecting a Haftorah, and a community could choose any prophetic passage that matched those guidelines.

One such rule is that on a week with a double Torah portion, the Haftorah's theme must match a theme from the second portion. Similarly, on a week when we read from a single Torah the Haftorah was supposed to match a theme from the end (maftir) part of the Torah reading.

(Code of Jewish Law Orach Chaim 284:7)

Have a great day,
Mordechai

Reading the Haftorah from parchment

Hi,

The Haftorah is supposed to be read from a parchment scroll containing the entire book of Prophets from which the Haftorah is drawn. If that is not possible (due to the expense of such a scroll), the next-best option is to read from a printed book of the Prophets.

If neither of those is available for some reason, then one may read the Haftorah from a printed Chumash or from a "Book of the Haftarot," but then each person in the synagogue should personally read along, as well.

(Mishneh Berurah 284:1, 284:11)

Have a great day,
Mordechai

Beginning the Haftorah

Hi,

One may not begin the Haftorah until the Torah has been entirely wrapped up, so that the people wrapping the Torah will have the opportunity to fulfill their obligation to hear the Haftorah.

(Code of Jewish Law Orach Chaim 284:6; Mishneh Berurah 284:12)

Have a great day,
Mordechai

Haftorah - Picking up in the middle

Hi,

If the person reading the Haftorah suddenly becomes unable to continue, the person who picks up for him goes back to the beginning of the Haftorah, but does not recite a new blessing on the Haftorah.

(Code of Jewish Law Orach Chaim 284:5)

Have a great day,
Mordechai

The blessings for Torah reading and the Haftorah

Hi,

The person who recites the blessings for the Haftorah (as well as all of the Aliyot) should make sure to recite the blessings aloud, such that everyone will be able to hear and respond 'Amen.' When the congregation replies 'Amen' it is as though they had recited the blessings themselves.

(Code of Jewish Law Orach Chaim 284:3; Mishneh Berurah 284:6)

Have a great day,
Mordechai

Haftorah in a vacuum

Hi,

The Haftorah is only recited with its blessings if it follows a communal Torah reading. Therefore, one who is praying privately may read the Haftorah, but may not recite its blessings.

(Code of Jewish Law Orach Chaim 284:1)

Have a great day,
Mordechai

New topic: Haftorah

Hi,

Today we begin a new topic: The Haftorah (although for some readers, some of this material will be review).

The "Haftorah" is a passage from one (or more) of the Prophets, read after the weekly Torah portion on Shabbat and Holiday mornings, and on Fast Day afternoons.

Traditionally, we understand that the Haftorah-reading originated over two thousand years ago, at a time when a controlling empire forbade public reading of the Torah. To substitute for the Torah, we read from the Prophets. The practice then continued even after that decree was repealed.

There are other explanations for why we have the Haftorah, including a suggestion that we want to add reading from the Prophets to a Jew's regular Torah study, and that we want to be sure to include the Mashiach-related themes which are a constant in the Haftarot we read.

(Mishneh Berurah 284:2)

Have a great day,
Mordechai

Tzniut (privacy) when undressing for bed

Hi,

We've been learning about the bedside Shma.

In its discussion of the bedside Shma, the Code of Jewish Law includes a law of tzniut (privacy): One should undress in such a way that particularly private parts of the body remain covered. This applies to both men and women.

(Code of Jewish Law Orach Chaim 239:2)

Have a great day,
Mordechai

Forgiving people before going to sleep

Hi,

In addition to the other bedside practices we have mentioned, one should also forgive others for sinning against him that day. This practice is recommended by Mar Zutra and R' Nechunyah ben Hakanah in the talmud.

(Mishneh Berurah 239:9, citing Megilah 28a)

מועדים לשמחה,
Mordechai

The bedside viduy

Hi,

In addition to the various bedside prayers we have mentioned, it is also recommended that one recite a form of viduy, acknowledging his sins from the day and apologizing for them.

(Mishneh Berurah 239:9)

Moadim l'simchah,
Mordechai

Sleeping by day

Hi,

We have now discussed three parts of the bedtime ritual: Shma, the blessing of HaMapil, and additional passages regarding Divine protection.

The former two elements were instituted for nighttime sleep, but only the latter is recited before going to sleep between dawn and sunset.

(Mishneh Berurah 239:8)

Moadim l'simchah,
Mordechai

Additional prayers at bedtime

Hi,

In addition to Shma and the blessing of HaMapil, people add various passages from Tanach, in particular Psalm 91. These passages are added because they speak of Divine protection, and so they are appropriate for a time when a person is going to sleep, rendering himself most vulnerable.

(Code of Jewish Law Orach Chaim 239:1; Mishneh Berurah 239:9)

Moadim l'simchah,
Mordechai

HaMapil

Hi,

We have discussed the recitation of Shma before going to sleep at night.

There is a separate practice of reciting a blessing called "HaMapil" before going to sleep at night, as a blessing upon sleep. There is some debate as to whether this blessing should precede or follow Shma. The Shulchan Aruch rules that Shma precedes HaMapil, so that one will fall asleep right after HaMapil.

(Code of Jewish Law Orach Chaim 239:1; Mishneh Berurah 239:2)

Moadim l'Simchah,
Mordechai

Unable to sleep after Shma?

Hello,

We have said that one should recite Shma shortly before falling asleep at night.

One who recites Shma and then finds that he cannot sleep may simply recite the first paragraph of Shma again, once he feels tired.

(Code of Jewish Law Orach Chaim 239:1; Mishneh Berurah 239:7)

Have a great day,
Mordechai

Posture for Shma

Hi,

One should not recline while reciting the bedside Shma, in order to ensure concentration and also in order to display respect.

One who has already fulfilled the night's obligatory Shma (such as at maariv) and is already lying down, and for whom it would be burdensome to rise, may roll on to his side to recite the bedside Shma.

(Shulchan Aruch Orach Chaim 239:1; Mishneh Berurah 239:6)

Have a great day,
Mordechai

Reciting Shma just before going to sleep

Hi,

The Shma we recite before bed is meant to be recited just before sleeping, so one should wait to recite it until he senses that sleep is near. However, one who lies in bed for some time after Shma, without engaging in another activity, need not repeat Shma.

(Code of Jewish Law Orach Chaim 239:1; Mishneh Berurah 239:3)

Have a great day,
Mordechai

The Bedside Shma

Hi,

Today we begin a new set of laws, briefer than our discussion about washing for bread. Today we begin to discuss the bedside recitation of Shma - קריאת שמע על המטה, kriat shma al hamitah.

The practice is to recite just the first paragraph of Shma - Shma Yisrael and v'Ahavta. However, one who did not recite Maariv must say the entire Shma, in order to fulfill the biblical mitzvah of reciting Shma at night.

There are those who suggest there is merit in reciting the complete Shma by one's bed, even if one already recited Maariv. Certainly, there is no loss in doing so.

(Code of Jewish Law Orach Chaim 239:1; Mishneh Berurah 239:1)

Have a great day,
Mordechai

Washing in large gatherings and then waiting for the group

Hi,

First, a reminder that you can find Yom Kippur-related halachot by clicking here.

When a group gathers for a meal, it is good to have everyone participate in a single berachah, answering Amen to the leader's HaMotzi; this causes greater honor for Gd. However, if the group is large enough that there will be a significant pause between washing and eating, then one should not wait for the group.

Definining the "significant pause" is difficult, but note that the general advice of the Rama is to avoid a gap of time long enough to walk 22 amot - about 40 feet.

(Shulchan Aruch Orach Chaim 165:2, 166:1; Mishneh Berurah 165:5)

גמר חתימה טובה, May we be sealed for a great year,
Mordechai

Covered parts of the body

Hello,

Regarding yesterday's post, in which I noted that touching the "covered parts of the body" would necessitate re-washing for bread, I have been asked to clarify the meaning of "covered parts of the body." After all, that changesfrom society to society, and from season to season.

In this area of law - washing for bread - the issue is fundamentally that of sweat; parts of the body which are covered tend to develop perspiration. Therefore, any part of the body which is covered on any given day is in this category.

(Shulchan Aruch Orach Chaim 4:21; Mishneh Berurah 164:9, 4:54)

Have a great day,
Mordechai

Washing during a meal

Hi,

Sorry for the lack of an email yesterday; I let the day get away from me.

We have talked about the need to wash before bread because of concern for what one’s hands might have touched before the meal. The same concern may apply during a meal – one might go to the bathroom, or even just have his hands wander and touch a part of the body which is normally covered.

In such a situation, one would, indeed, be required to wash again. There is some dispute over whether a berachah is required; please consult a competent rabbinic authority to determine your community’s practice.

(Shulchan Aruch Orach Chaim 164:2; Mishneh Berurah 164:8, 12-13)

Have a great day,
Mordechai

Netilat Yadayim when feeding someone

Hi,

Based on the reasons we have given for washing before eating bread, it would seem that one who will feed someone else would also be required to wash ritually. However, the sages made no such decree.

(Shulchan Aruch Orach Chaim 163:2; Mishneh Berurah 163:8)

Have a great day,
Mordechai

The Fast of Gedalyah

Hi,

We fast on the day after Rosh haShanah; this is called "Tzom Gedalyah," "The Fast of Gedalyah."

The Meaning of the Fast: After the Babylonians destroyed the Temple, they appointed Gedalyah as governor of Israel's Jews. A group of Jews, supported by another nation, wanted the Jews to rebel against the Babylonians, and they accused Gedalyah of sympathizing with the Babylonians. They ambushed him and killed him, and in the aftermath the remaining Jews in Israel went into exile.

This day is commemorated as a public fast from first light to the emergence of the stars.

(Shulchan Aruch Orach Chaim 549:1; Mishneh Berurah 549:2)

Have an easy and meaningful fast,
Mordechai

One who cannot wash for bread

Hi,

One who is prevented from washing his hand, such as due to illness, should wrap his hand in a cloth (or don a glove), lest his unwashed skin touch the food.

(Mishneh Berurah 162:69)

May we be inscribed and sealed for a great new year,
Mordechai

Washing a bandaged hand before bread

Hi,

I just want to take a moment to ask for forgiveness for anything I wrote or said to you, this past year or earlier. Please know that I am sorry; I would not do it on purpose. If you could please take the time to let me know of such mistakes in a constructive way, I would greatly appreciate it. May all of us be blessed with a כתיבה וחתימה טובה, an inscription and sealing for a great year.

One who has a bandage on part of his hand, and who cannot remove the bandage due to the wound beneath, should wash only the exposed part of his hand.

However: One should be very careful not to wet the bandage with the water he pours on his hand. This water would become impure, and would not be purified with a second pouring of water; the second pouring would only purify water that was on his skin, and so the water on the bandage, were it to later come in contact with his skin, would re-contaminate the hand.

(Shulchan Aruch Orach Chaim 162:10; Mishneh Berurah 162:68, 70)

Have a great day,
Mordechai

Contact after washing for bread

Hi,

When washing one’s hands for bread, one who has washed the first hand should avoid contact between the washed hand and the unwashed hand.

Should the two hands touch, one would be required to re-wash.

(Shulchan Aruch Orach Chaim 162:6)

Have a great day,
Mordechai

Three times on each hand?

Hi,

Hand-washing for bread should really only require two pourings on each hand - one which purifies the hand but leaves behind impure water, and the second to purify the water itself.

We have noted, though, that one is supposed to make sure his hands are clean before washing. Therefore, some people pour water three times, using the first pour to remove any dirt.

(Shulchan Aruch Orach Chaim 162:2; Mishneh Berurah 162:19-20)

Have a great day,
Mordechai

Raise your hands

Hi,

We have learned that there are two halachic reasons for washing before bread - one is removal of impurity, the other is cleanliness.

The issue of impurity poses a special challenge: We can purify our hands by washing them, but that purification ends at the wrist. Water that travels past the wrist becomes impure. Therefore, one should be careful to hold his hands in such a way that water that travels above the wrist does not return below it.

(Shulchan Aruch Orach Chaim 162:1)

Have a great day,
Mordechai

Removing rings for netilat yadayim

Hi,

There is great debate as to whether one must remove rings from his fingers before washing for bread.

It seems that if a ring is loose enough for water to pass easily beneath, and if one does not remove the ring in the course of ordinary work, then one may leave it on for washing. However, as a general rule people are strict about this because of doubts as to the standard for looseness of the ring.

(Shulchan Aruch Orach Chaim 161:3; Mishneh Berurah 161:19)

Have a great day,
Mordechai

Removing dirt from under one's fingernails

Hi,

We have said that one may not wash for bread if he has dirt on the majority of his hand, or on the minority of his hand if it is the sort of material he would normally want to remove from his hand.

Therefore: One need not clean out the dirt from under his fingernails before washing ritually, unless:
a) It is the sort of dirt which people would ordinarily remove, or
b) It is the sort of dirt which he would personally wish to move (even if other people do not).

(Shulchan Aruch Orach Chaim 161:1; Mishneh Berurah 161:10)

Have a great day,
Mordechai

Washing before washing before bread

Hi,

The rule for netilat yadayim is that one may not have a chatzitzah, an interruption, between his hands and the water. Therefore, one may need to wash his hands for cleanliness before washing ritually.

"Chatzitzah," for this purpose, is defined as one of two things:
a) A foreign material that covers the majority of the hand's surface area, or

b) A foreign material that covers any part of the hand's surface area, and is something which people ordinarily remove.

(Mishneh Berurah 161:1)

Have a great day,
Mordechai

Holding a full reviit of water in the washing cup at once

Hi,

We have said that one must use a reviit (just under four ounces) of water when washing his hands for bread.

Although one may divide up the reviit between the two pourings, an entire reviit must be held in the cup at the start. Thus one may not use a cup holding 2 ounces for the first pour, and then add 2 ounces for the second pour.

(Shulchan Aruch Orach Chaim 160:14; Mishneh Berurah 160:81)

Have a great day,
Mordechai

Washing for bread with salt water

Hi,

The water used for washing before bread must be potable, at least to the point that a dog would drink it. If it is salty, smelly or bitter to the point that a dog would not drink it, one may not use it to wash for bread.

(Shulchan Aruch Orach Chaim 160:9; note Mishneh Berurah 160:38 on desalination)

Have a great day,
Mordechai

The water used for hand-washing

Hi,

The water we use to wash for bread should be clear; if it gains color or opacity from some added ingredient, like ink, then it is not usable. However, water that is somewhat cloudy from dust is acceptable.

(Shulchan Aruch Orach Chaim 160:1; Mishneh Berurah 160:2-3)

Have a great day,
Mordechai

Washing for bread in a stream

Hi,

We have been learning about Netilat Yadayim (hand-washing) before eating bread.

One may dip his hands in a river or stream, so long as he is able to immerse the whole hand simultaneously.

(Shulchan Aruch Orach Chaim 159:14; Mishneh Berurah 159:77)

Have a great day,
Mordechai

The pourer for Netilat Yadayim

Hi,

Anyone may pour the water used for hand-washing before eating bread; it need not come from the person who is washing, or even from a Jew.

There is some debate whether it is acceptable to have a minor pour the water, if the minor is under the age of six (and therefore of immature intelligence).

(Shulchan Aruch Orach Chaim 159:11-12; Mishneh Berurah 159:70)

Have a great day,
Mordechai

Immersing hands for netilat yadayim

Hi,

We have discussed washing one’s hands before bread by pouring water on them. One may also immerse his hands.

This immersion need not be in a kosher mikvah. One may also immerse his hands in a ditch or pool containing 40 se’ah (estimates vary, from 120 gallons and up), if water arrived there via a flow of water along the ground. Even if the water is not kosher as ‘mikvah water,’ and it actually came from a receptacle, one may immerse his hands so long as the water ran at least 3 tefach (about 11 inches) along the ground before arriving in its resting place.

(Shulchan Aruch Orach Chaim 159:7; Mishneh Berurah 159:40-42)

Have a great day,
Mordechai

How water is poured for hand-washing

Hi,

The water used for hand-washing (as opposed to immersion) must be poured on one’s hands by an immediate human force. Therefore, one may not wash from a drainage pipe.

One may wash from a pipe if a human poured the water from an acceptable receptacle (see previous emails) into the pipe, assuming the distance from the pourer to one’s hands is brief. Determing the specific allowable length requires analysis; it depends on circumstances, because the key point is the dissipation of the human’s contributing force.

(Shulchan Aruch Orach Chaim 159:7; Mishneh Berurah 159:37)

Have a great day,
Mordechai

Using a washing cup which has a hole in it

Hi,

One may use a washing cup which has a hole in it, if the hole is so small or narrow that were the cup placed in water, water would not enter.

One who is stuck may also use a pierced cup that can hold at least a reviit (a little less than four ounces) below the hole, if one washes by pouring water through the hole itself. This is not ideal, though, for some view the entire cup as a broken entity in such a case.

(Shulchan Aruch Orach Chaim 159:1-2; Mishneh Berurah 159:8, 10-11)

Have a great day,
Mordechai

The Netilat Yadayim Cup

Hi,

We have been discussing the laws of washing one's hands before eating bread.

For numerous laws of purification, such as washing before entering the beit hamikdash, one must wash using a kli - a durable receptacle made of certain materials (metal, stone and pottery, for example) that can hold a minimum of a reviit-volume (a little less than four ounces). Therefore, the sages used the same standard for hand-washing for bread.

Two important ramifications:

1. The materials requirement means that use of a disposable plastic receptacle is questionable, because that may not qualify as a kli. The same question may be asked even regarding a durable plastic receptacle. (For specifics on this, please ask your rabbi.)

2. The reviit-holding-receptacle requirement means that one who is washing for bread may not simply open and close a faucet. (There is room to discuss a faucet which has a long vertical segment directly above the faucet, such that there might be a reviit of water held in that segment before one opens the tap.)

(Shulchan Aruch Orach Chaim 159:1; Mishneh Berurah 159:1)

Have a great day,
Mordechai

Drying one's hands after netilat yadayim

Hi,

One should dry his hands completely after washing, before touching the bread for his meal. This is for reasons of impurity as well as cleanliness.

(Shulchan Aruch Orach Chaim 158:12; Mishneh Berurah 158:45)

Have a great day,
Mordechai

The berachah of Al Netilat Yaddayim

Hi,

Ordinarily, we recite a berachah before performing a mitzvah (עובר לעשייתן). However, one who has not yet washed his hands may well have dirty hands, and in such a circumstance one should not recite a berachah.

Therefore, our practice is to recite the berachah after washing, but before drying our hands. Since drying one's hands is considered part of the mitzvah, it is still somewhat 'before' performance of the mitzvah.

(Shulchan Aruch Orach Chaim 158:11-12; Mishneh Berurah 158:40-42)

Have a great day,
Mordechai

Hand-washing for small amounts of bread

Hi,

Some suggest that one need not wash before eating volumes of bread smaller than an egg (because those cannot receive impurity) or smaller than an olive (because eating those is not called 'eating').

These points are subject to debate, and so our practice is to wash, and omit the berachah.

(Shulchan Aruch Orach Chaim 158:2-3; Mishneh Berurah 158:9-10)

Have a great day,
Mordechai

Pat haba'ah b'kisnin

Hi,

Eating bread made from the five grains (enumerated in yesterday's email) requires hand-washing. However, some breads do not require hand-washing, because they are not normally used as the centerpiece of a meal. We call these breads “פת הבאה בכיסנין pat habaah b'kisnin.”

There is some debate as to what qualifies as pat habaah b'kisnin. The Shulchan Aruch brings three possibilities:

1. Bread made of dough filled with honey, sugar, nuts and similar items. (Some suggest that raisin challah with too many raisins might enter this category.)

2. Dough kneaded with honey, milk, oil or spices, such that they impact the ultimate taste.

3. Dry biscuits that are designed for chewing rather than the basis for a meal.

In practice, we consider all of these to be pat habaah b'kisnin.

One who establishes a meal using any of these pseudo-breads is obligated to wash beforehand.

(Shulchan Aruch Orach Chaim 158:1 and 168:7-8; Mishneh Berurah 158:7-8)

Have a great day,
Mordechai

Washing for non-grain bread

Hi,

The enactment of hand-washing before bread is tied to bread made from material the Torah calls דגן. Bread made from other materials does not require hand-washing.

Traditionally, דגן is understood to include wheat, barley, rye, oats and spelt.

(Mishneh Berurah 158:7)

Have a great day,
Mordechai

Why bread?

Hi,

We have offered two sources for the practice of netilat yadayim (hand-washing) before eating bread:
1) Preparation for terumah-tithe, and
2) Cleanliness.

Although terumah applies to more than bread, and although cleanliness applies to more than bread, we wash and recite a berachah only for bread. This is because:

1) Re: terumah - the main form of terumah is grain, which is generally made into bread;
2) Re: cleanlienss - the main concern was for cleanliness at a meal, and meals center around bread.

(Mishneh Berurah 158:2; Sha'ar haTziyyun 158:3)

Have a great day,
Mordechai

Netilat Yadayim - Hand washing before meals

Hi,

Thanks for your patience this past week; I hope to return to posting these emails now.

We begin a new topic: Washing one's hands for bread meals.

The Mishneh Berurah cites two reasons for washing:

1) A decree dating back to times when kohanim ate terumah (a tithe separated from Israeli produce, per biblical requirement). In those days, out of concern for impurity when handling terumah, everyone washed before bread, including non-kohanim. The decree persists even now.

2) A practice of maintaining sanctified cleanliness when approaching a meal.

(Mishneh Berurah 158:1)

Have a great day,
Mordechai

Taking extra measures to ensure honesty

Hi,

One must go to great lengths in order to prevent even the remote possibility of dishonesty.

Thus a shopkeeper who uses weights on his scale may not store his weights in a medium that might corrode them or otherwise alter their weight, and a cashier is responsible to wipe off the scale each time it is used, lest material from the last weighing remain there.

(Code of Jewish Law Choshen Mishpat 231:11, 13)

Note: The Daily Jewish Law will be on hiatus until after our move, Gd-willing.

Have a great day,
Mordechai

Honest weights and measures

Hi,

One who sells products by weight or volume is obligated to make sure that his receptacles and weights are accurate. This is not dependent on who the consumer is, or what the consumer would accept.

Ahus a merchant is not even allowed to keep inaccurate weights or receptacles around; this is a biblical prohibition.

(Code of Jewish Law Choshen Mishpat 231:1, 3)

Have a great day,
Mordechai

Taxes

Hi,

Assuming tax collection is done in a law-abiding manner (as opposed to random taxation by a private person who has bought the right of taxation from the government), one is not allowed to cheat on his taxes, whether the government is Jewish or non-Jewish. Cheating on one's taxes constitutes theft, as well as desecration of Gd's Name.

(Code of Jewish Law Choshen Mishpat 369:6)

Have a great day,
Mordechai

Benefiting from stolen goods

Hi,

One may not knowingly benefit from the dishonesty of others.

For example, one may not purchase an item that he knows to be stolen. Further, one may not purchase anything from, or accept a gift from, a person who is a known thief, lest he unknowingly accept benefit from stolen property.

(Code of Jewish Law Choshen Mishpat 369:1, 3)

Have a great day,
Mordechai

The authority of government

Hi,

The halachic requirements of honesty apply whether dealing with Jews or non-Jews, individuals or government.

Thus, for example, the Code of Jewish Law rules that if a Jew finds property that has been entirely abandoned, but government law requires that such property be returned, then he must honestly comply with the government's law.

(Code of Jewish Law Choshen Mishpat 259:7)

Have a great day,
Mordechai

Bentching on company time

Hi,

A worker who is paid by time (ie by the hour or day) is required to be extra-careful not to waste time. If he eats, he is not permitted to recite the Birkat haMazon (blessing after meals) beyond the core three blessings.

[This assumes that one is working at a job for which he is only permitted time to eat. However, one who is working at a job in which it is understood that he has a given time for breaks is obligated to recite the full Birkat haMazon during that break.]

(Code of Jewish Law Choshen Mishpat 337:20)

Have a great day,
Mordechai

Local practice and contractual agreements

Hi,

We are taught that all agreements and contracts made with members of the Jewish community are linked to local custom within the Jewish community - meaning that if an issue in the agreement is not spelled out, the default is that the parties will follow local Jewish custom. This applies to goods and services, as well as other points of a contract, such as a laborer's hours.

For example: If one were to open a dry cleaning business, and the local Jewish practice was for cleaners to press garments as well as to clean them, and he only wanted to clean the clothing without pressing, then he would need to stipulate that arrangement at the time when people would give him clothing. To do otherwise would be dishonest.

Note that "local practice" is not something that happened once or twice, and people liked. "Local practice" is defined as something which is common and has happened many times.

(Code of Jewish Law Choshen Mishpat 331:1)

Have a great day,
Mordechai

Giving good advice

Hi,

We are instructed not to physically, verbally or otherwise cause anyone to stumble. Thus if someone asks me for advice, I am responsible to give him the frank advice that is best for him.

(Maimonides, Book of Mitzvot, Prohibition 299)

Have a great day,
Mordechai

Truth in advertising

Hi,

We have been discussing Honesty.

One may not beautify a product for sale if the beautification will cover up a flaw, unless consumers normally test the product in a way that will uncover the flaw.

For example: One who is selling a beverage may not add a coloring agent that will mask its dilution, unless it is standard for the consumer to taste the beverage before buying it.

(Code of Jewish Law Choshen Mishpat 228:9-14)

Have a great day,
Mordechai

Honesty about honor

Hi,

One may not perform an act which a beneficiary might think was done in his honor, if it really wasn't for his honor. For example, one may not open a new bottle of wine at a meal, indicating it's in honor of one of the participants, if one would have opened the bottle regardless.

However: If the natural assumption would not be that it was for the honor of the participant, then one may do it without explaining otherwise.

For example: If I come out of my house and encounter a friend down the street, and he assumes that I came out just to greet him, I need not let him know that I was coming out of my house anyway - the normal assumption is that I happened to encounter him, not that I left my house and walked all the way down the street just to greet him.

(Code of Jewish Law Choshen Mishpat 228:6)

Have a good day,
Mordechai

Honesty, Justice and a Tisha b'Av message

Hi,

"So speaks Gd: A wise person shall not honor himself for his wisdom, and a powerful person shall not honor himself for his power, a wealthy person shall not honor himself for his wealth.

"Rather, for this an honored person should honor himself: Take insight and know Me, for I am Gd, who performs kindness and justice in the land. These are the elements I desire; this is the word of Gd."

(Jeremiah 9:22-23, the last verses of the Haftorah for Tisha b'Av morning)

I hope you fasted well,
Mordechai

Observing Tisha b'Av

Hi,

"Rabban Shimon ben Gamliel said: One who eats and drinks on Tisha b'Av is as though he ate and drank on Yom Kippur. Rabbi Akiva said: One who goes to work on Tisha b'Av will not see any sign of blessing from it.

"The sages said: One who goes to work on Tisha b'Av and does not mourn for Jerusalem will not merit to see its celebration, as it is written, 'Rejoice with Jerusalem and celebrate in it, all who love it! Rejoice in it, all who mourn for it.'

"Based on this, our sages taught: One who mourns for Jerusalem will merit to see its joy; one who does not mourn for Jerusalem will not see its joy."

(Talmud, Taanit 30b)

May we soon see the joy of Jerusalem,
Mordechai

Inviting a guest who won't accept the inivtation

Hi,

When dealing with other people, one must be sure that they do not misinterpret his actions in a way that will help him. So, for example, one may not make a good impression by inviting a person to a meal or event while knowing that the person cannot attend.

Two notes on this specific case, though:
1. This applies only to repetitive, pressing invitations; asking once or twice is fine and good, lest the person be insulted that he is never invited.

2. This applies only if the invitation actually creates a misimpression. The widespread practice of 'inviting' relatives and distant friends to an event in order to make them feel a part of the celebration is appropriate, because everyone involved understands what is really happening.

(Code of Jewish Law Choshen Mishpat 228:6; Meirat Einayim 228:8)

Have a good day,
Mordechai

Informing a buyer of all defects

Hi,

Yesterday we said that a seller must inform a buyer of all defects.

This rule applies even if the product's defect will not directly affect the consumer. For example, a Kosher butcher may not sell non-Kosher meat to a non-Jew without telling him the meat is not Kosher. Although the non-Jew certainly may eat non-Kosher meat, he thinks he is buying expensive Kosher meat, he assumes the Kosher butcher is selling him Kosher meat and so he is being defrauded.

(Code of Jewish Law Choshen Mishpat 228:6)

Have a good day,
Mordechai

Laundry and Haircuts on Thursday night after Tisha b'Av

Hello,

We interrupt the series on Honesty to note a quirk in this year's Tisha b'Av calendar.

As we noted here, the Beit haMikdash burned until midday on the 10th of Av, and so the mourning practices of the Nine Days continue until then.

However: This year, Tisha b'Av is a Thursday, and we need to start preparing for Shabbat immediately afterward. Therefore, one may bathe, shave and launder clothing right after Tisha b'Av ends. The other mourning practices (such as refraining from music, meat and wine) do continue until midday the following day, which is 1:08 PM this year in Allentown.

(Mishneh Berurah 558:3)

Have a good day,
Mordechai

Honest browsers, buyers and sellers

Hi,

We learned yesterday that one may not ask a business proprietor about the price of an item if one does not intend to buy. However: If it is standard practice for people to ask a price without intending to buy immediately, then one may ask the price without intend to buy immediately.

Similarly, one would be permitted to browse store displays without intending to buy, if that were known to be standard practice; the owner understands what is going on, and is not defrauded.

One who is trying to sell a product is not allowed to omit mention of a flaw in the product; he must be up-front and declare the flaw, even if the consumer would not have expected it. This applies regardless of who the consumer is and what his type of conduct is; it is the merchant's honesty that matters.

(Code of Jewish Law Choshen Mishpat 228:6)

Have a good day,
Mordechai

"Just Looking"

Hi,

One example of 'verbal fraud' is to inquire from a business owner about a price, without any desire to purchase the item and without informing him that one has no desire to purchase the item.

(Code of Jewish Law Orach Chaim 228:4)

Have a good day,
Mordechai

Financial and verbal fraud

Hi,

Just as Judaism prohibits financial fraud, so it prohibits verbal fraud; the technical Hebrew term is "Ona'at Devarim אונאת דברים."

Regarding verbak fraud, Gd promises that if the victim calls out to Gd, he will be answered immediately.

(Code of Jewish Law, Choshen Mishpat 228:1)

Have a good day,
Mordechai

Honesty

Hi,

Good morning. As we near Tisha b'Av, here's a relevant topic from a few years ago.

Tisha b'Av commemorates many tragedies, but one of the main ones is the destruction of the second Beit haMikdash. We are taught that this devastation was triggered by intramural strife, so it is appropriate that we spend some time on studying social relations. Our new topic is: Honesty.

Rabbi Samson Raphael Hirsch taught (Horeb, paragraph 369):

"Gd, Who created man to be just - that is to say, to leave and give to all entities in all relations that which is their due - has also endowed his mind with the faculty of mirroring the reality of things in their various relations so that man may be able to perceive the entities and their relations, and on the strength of that knowledge, give to them what the teachings of justice lay down as their right. This reproduction of reality in the mind is Truth. Truth, therefore, is a precondition of Justice...

"But just as Gd has endowed the human mind with the faculty of mirroring the reality of its owner's external world, so also He has given him the faculty of revealing to others the reality as known to him by means of his language. And thus, the individual can live not only according to his own experience, but the whole of mankind can co-operate for the improvement of the human mind, the individual can inherit the spiritual treasure of all mankind, and, by becoming richer in truth, also become richer in justice, and lead a life of action instead of a life of mere experience."

Have a good day,
Mordechai

The Nine Days and Tishah b'Av

Hello,

Nine days of intense mourning for the Beit haMikdash and other tragedies in Jewish history begin on Tuesday evening, July 21, and run through Tishah b'Av on Thursday July 30.

For posts on the laws related to these days, please go here. Note that these posts are from last year, so the specific dates and times in them will not be accurate for this year.

Have a good day,
Mordechai

A mistaken deathbed gift, Part II

Hi,

If a person is on his deathbed and he distributes all of his estate, but saves some, we assume that he took into consideration the fact that he might miraculously survive.

Therefore, if he does survive then all of the gifts he gave are still valid, and are not disqualified by his survival (unless he specified during the giving that he is distributing these gifts with the expectation that he will not survive).

(Code of Jewish Law Choshen Mishpat 250:7)

Have a great day,
Mordechai

A mistaken deathbed gift

Hi,

We have been learning about gifts.

If a person is terminally ill and bedridden and he gives away all of his property, and then he is healed to the point that he regains mobility and is free of illness, then his gifts are automatically nullified. It is assumed that he only gave away all of his assets because he believed he would die from that bout of illness.

(Code of Jewish Law Choshen Mishpat 250:2)

Have a great day,
Mordechai

Deathbed gifts

Hi,

A deathbed gift is automatically binding; it does not require any of the technical methods of closing a transaction in order to be binding.

The Talmudic rationale for this is that if a dying person had to jump through hoops to make his gift valid, that would torment him and even hasten his death.

(Code of Jewish Law Choshen Mishpat 250:1)

Have a great day,
Mordechai

Giving a gift through an agent

Hi,

If I give a gift to a recipient's agent, the gift is acquired by the recipient at the moment when the agent receives it.

The agent need not be appointed by the recipient; since the gift is beneficial to him, the gift may occur without his knowledge.

(Code of Jewish Law Choshen Mishpat 243:1; Meirat Einayim 243:1)

Have a great day,
Mordechai

Posthumous gifts

Hi,

A gift which is intended to apply posthumously ("Upon my death, so-and-so receives my pony") is not valid under Jewish law.

However: A gift which is given while one is alive, but hidden from public revelation until after death, is still valid.

(Code of Jewish Law Choshen Mishpat 242:6)

Have a great day,
Mordechai

A coerced gift

Hi,

If a person is forced into giving a gift, the gift is invalid regardless of any contract the giver signed.

Even if the giver has no proof that he was coerced, if we (an outside authority, such as a court of law) know it was coerced, the gift is invalid.

(Code of Jewish Law Choshen Mishpat 242:1)

Have a great day,
Mordechai

Partial gifts

Hi,

One may give a gift and reserve certain rights - for example, one may give a present to Person X with the stated condition that Person X may not in turn give it to Person Y, or may not use the present in a particular way.

(Code of Jewish Law Choshen Mishpat 241:5)

Have a great day,
Mordechai

Verbal commitment to give a gift, Part II

Hi,

We have begun discussing the laws of gifts.

If Robert says to Sam, "I am giving you Todd's house as gift," and Todd agrees and even confirms this with a physical act signifying his acquiescence, the gift is still non-binding for both Robert and Todd.

This is because Robert's words are non-binding, as are all verbal gifts; Todd's confirmation was simply a confirmation of empty words.

(Code of Jewish Law Choshen Mishpat 241:1; Meirat Einayim 241:5)

Have a great day,
Mordechai

Promising to give a gift

Hi,

Today we begin a new topic, one we covered a few years back: Giving gifts.

The laws of gifts are primarily documented in the "Choshen Mishpat" section of the Code of Jewish Law, and deal with the question of when and how a gift is legally acquired.

A verbal declaration that one will give a gift is not binding [unless it is worded as an oath]. However, one who recants such a statement, if the statement is not obviously false/exaggerated to begin with, is considered to be dealing in bad faith.

(Code of Jewish Law Choshen Mishpat 241:1; Sefer Meirat Einayim 241:4)

Be well,
Mordechai

Letting people know one is fasting

Hi,

Ordinarily we say that one should not publicly display his acts of piety, due to concerns for arrogance. However, one is supposed to let other Jews know that he is fasting today, in order to encourage others to participate in the fast as well.

(Code of Jewish Law Orach Chaim 565:6; Mishneh Berurah 565:14)

Have an easy and meaningful fast,
Mordechai

17th of Tammuz - Beyond fasting

Hi,

This coming Thursday is the fast of the 17th of Tammuz - Shiva Asar b'Tammuz. The fast begins in Allentown at 4:27 AM and ends at 9:17 PM.

One neither eats nor drinks, but - unlike the fasts of Tisha b'Av and Yom Kippur - one may wear leather shoes and wash normally.

(Code of Jewish Law Orach Chaim 550:2)

Have a good day,
Mordechai

The 17th of Tammuz

Hello,

The fast day of the 17th of Tammuz, observed Thursday July 9 this year, commemorates five tragedies:

1. Moses descended from meeting Gd and receiving the Torah on Mount Sinai, saw the Jews celebrating with the Golden Calf, and broke the two tablets Gd had given him.

2. The daily Tamid offering, which had been brought regularly in the Jerusalem Beit haMikdash [Temple] from the time the Jews built the Mishkan for over one thousand years, was halted during the Babylonian siege of Jerusalem before the Beit haMikdash was destroyed.

3. The Romans invaded Jerusalem, prior to destroying the second Beit haMikdash. (The Babylonians invaded Jerusalem to destroy the first Temple on the 9th of Tammuz.)

4. A Greek or Roman official named Apostimos held a public burning of the Torah.

5. Idols were set up in the Temple itself; it is not clear what year this happened.

(Mishneh Berurah 549:2)

Be well,
Mordechai

The shivah minyan

Hi,

There is a mitzvah of praying in the morning and evening at the site where the deceased lived, even if there is no mourner.

(Rama, Code of Jewish Law Yoreh Deah 384:4)

Have a good day,
Mordechai

Studying Torah during shivah

Hi,

A mourner is not permitted to study Torah during shivah.

However, if the mourner is a schoolteacher for children, and there is no replacement, then he should learn Torah in order to teach it, for this is a fundamental public need.

(Code of Jewish Law Yoreh Deah 384:1; Shach Yoreh Deah 384:1)

Have a good day,
Mordechai

When a mourner may wear leather shoes

Hi,

We have said that a mourner is not allowed to wear leather shoes during shivah. However, he may wear any other type of shoe.

Further: If a mourner is in a position in which a strong leather shoe is needed to protect him from harm, he may wear such a shoe.

(Code of Jewish Law Yoreh Deah 382:1, 3)

Have a good day,
Mordechai

Housekeeping during shivah

Hi,

Although we say that a mourner is not supposed to engage in work or his/her job lest it distract from the shivah, a mourner is still permitted to take care of his home, such as in washing dishes and making beds, or cooking, as needed.

(Code of Jewish Law, Yoreh Deah 380:22)

Have a good day,
Mordechai

Makeup during shivah

Hi,

Along with the prohibition against pleasurable bathing and annointing with oil, women do not wear makeup during the week of mourning.

(Code of Jewish Law Yoreh Deah 381:6)

Have a good day,
Mordechai

Grooming during shivah, part III

Hi,

A mourner may not apply oils to his skin for pleasure. However, oils and creams that are for medical purposes, such as for acne, are permitted.

(Code of Jewish Law Yoreh Deah 381:2)

Have a good day,
Mordechai

Grooming during shivah, part II

Hi,

A mourner may not bathe his entire body, even in cold water; he may use cold water to bathe each limb individually.

If a mourner is dirty with offensive material, he may bathe normally.

(Code of Jewish Law Yoreh Deah 381:1)

Have a good day,
Mordechai

Grooming during shivah

Hi,

A mourner may not bathe, annoint himself with pleasant (as opposed to medicinal) oil, wear leather shoes, copulate, learn Torah, greet others in the normal manner, or launder clothing all through the week of shivah.

(Code of Jewish Law Yoreh Deah 380:1)

Have a good day,
Mordechai

Meat and wine during shivah

Hi,


A mourner in shivah may eat meat, and he may drink small quantities of wine as part of digesting a meal, but he may not drink to intoxication.

(Code of Jewish Law Yoreh Deah 378:8)

Have a good day,
Mordechai

Shivah when there are no mourners

Hi,

When someone dies and does not leave mourners behind, people should come sit in the place where that person lived, through the shivah, but that is not the general practice.

(Code of Jewish Law Yoreh Deah 376:3)

Have a good day,
Mordechai

Seudat Havraah - The mourner's first meal

Hi,

A mourner's first meal following the funeral may not come from his own property; it is a mitzvah for his neighbors and others to provide this meal for him.

(Code of Jewish Law Yoreh Deah 378:1)

Have a good day,
Mordechai

Telling a mourner, "Please sit"

Hi,

In general, one who comes to visit someone may tell the visitee to sit, if the visitee rises to honor him. However, one may not tell a mourner to sit down, for that would send a subtle message, "Sit/remain in your mourning."

(Code of Jewish Law Yoreh Deah 376:2)

Have a good day,
Mordechai

When to leave a shivah house

Hi,

Once a mourner nods his head, indicating a desire for people to leave, they must leave.

(Code of Jewish Law Yoreh Deah 376:2)

Have a good day,
Mordechai

Speaking in a house of mourning

Hi,

Those who come to console the mourner may not begin to speak until the mourner starts speaking.

(Code of Jewish Law Yoreh Deah 376:1)

Have a good day,
Mordechai

When a mourner removes his shoes

Hi,

We said here that the prohibition against a mourner wearing leather shoes begins after burial.

In general, all of the laws of mourning begin when the grave is covered with dirt. However, one need not remove his leather shoes until arriving home from the cemetery. Many do remove their shoes at the cemetery, though.

(Code of Jewish Law Yoreh Deah 375:1)

Have a good day,
Mordechai

The mitzvah of hesped [eulogy]

Hi,

Eulogizing the dead appropriately, meaning raising one's voice and saying heartbreaking things in order to increase the crying and to remember the praises of the deceased, is a great mitzvah.

One ought to praise the deceased and even exaggerate to a small extent (working with the assumption that the deceased would have done more, had the opportunity arisen), but one may not go overboard and offer praises that are inappropriate for the deceased. One who goes overboard causes harm for himself and for the deceased.

(Code of Jewish Law Yoreh Deah 344:1; Taz Yoreh Deah 344:1)

Have a good day,
Mordechai

Shemirah of a body

Hi,

We do not leave a body alone between death and burial, to the extent possible. This is for the practical purpose of guarding the body from desecration, as well as to reassure the soul, which is somewhat present, that we have not abandoned it. This practice of remaining with the body is called shemirah.

One who is staying with a body before burial is exempt from the Torah's obligations, such as reciting Shma each morning and evening, but not its prohibitions, such as keeping kosher.

If there are two people with the body then they should take turns fulfilling their obligations and staying with the body.

(Code of Jewish Law Yoreh Deah 341:6)

Have a good day,
Mordechai

More on aninut

Hi,

An onen waiting to bury an immediate relative does not bathe for pleasure or shave, or engage in general joyous activity.

(Code of Jewish Law Yoreh Deah 341:5)

Have a good day,
Mordechai

An onen's footwear

Hi,

An onen may wear leather shoes; the practice of removing one's leather shoes in mourning does not begin until after the burial.

(Code of Jewish Law Yoreh Deah 340:5)

Have a good day,
Mordechai

Aninut and sexual relations

Hi,

A man or woman who is an onen, waiting to bury an immediate relative, may not engage in sexual relations.

(Code of Jewish Law Yoreh Deah 341:1)

Have a good day,
Mordechai

An onen's requirements

Hi,

An onen, a person whose immediate relative awaits burial, is exempt from the commandments of the Torah, but obligated in the prohibitions. This means that he must eat kosher food, for example, but he does not recite blessings before eating that food.

(Code of Jewish Law, Yoreh Deah 341:1)

Have a good day,
Mordechai

Aninut

Hi,

I have been told that some readers are having trouble viewing this email in Microsoft Outlook; please let me know if you are among them, and how you have corrected the problem. Thanks.

One who has lost an immediate relative, requiring mourning, enters into a state called aninut between the death and the burial. The living relative is called an onen.

An onen is not allowed to eat meat or drink wine, other than on Shabbat and Yom Tov, and does not eat at a table normally used for eating.

(Code of Jewish Law Yoreh Deah 341:1)

Have a good day,
Mordechai

Kriah for sad events in general

Hi,

One tears in mourning for other events, besides loss of a relative. For example, one who is present at the moment of a death tears, too.

Note that there is some debate about the obligation for hospital staff, who may be present for many such events.

(Code of Jewish Law Yoreh Deah 340:5)

Have a good day,
Mordechai

Another difference when tearing kriah for the loss of a parent

Hi,

The general practice is that when tearing clothing in mourning, one tears the right side of the garment, and one tears from the upper hem downward. However, one who is mourning for a parent tears the left side, toward the heart.

(Code of Jewish Law Yoreh Deah 340:12; Taz Yoreh Deah 340:6)

Have a good day,
Mordechai

Women and men, when tearing kriah

Hi,

We have mentioned that one who is mourning a parent tears all but the lowermost garment he is wearing. This applies to both men and women, but women tear the upper and lower layers in different spots, for the sake of privacy.

(Code of Jewish Law Yoreh Deah 340:11)

Have a good day,
Mordechai

On which garments to tear kriah

Hi,

One who loses a relative tears his uppermost garment. One who loses a parent, though, also tears all layers except the garment closest to his skin.

(Code of Jewish Law Yoreh Deah 340:9-10)

Have a good day,
Mordechai

How much to tear for Kriah

Hi,

When one tears clothing in mourning, the tear should be at least one hand-breadth long. One standard measure of a hand-breadth is 3.6 inches.

(Code of Jewish Law Yoreh Deah 340:3)

Have a good day,
Mordechai

Tearing kriah at the neck of the garment

Hi,

The tearing of clothing for loss of a relative is performed at the neck of the garment, rather than any other part, maximizing the visibility of the tear.

(Code of Jewish Law Yoreh Deah 340:2)

Have a good day,
Mordechai

When to tear kriah

Hi,

One who hears of a close relative's death recites a blessing, 'Blessed are you Gd, King of the universe, who is the judge of truth,' in an initial attempt to religiously handle his grief. It is at this point that the mourner tears his clothing.

This generally occurs before burial, although one who hears of a death after burial should still recite the blessing and tear his clothing.

(Code of Jewish Law Yoreh Deah 339:3, 340:1; Shach Yoreh Deah 340:3)

Have a good day,
Mordechai

Tearing kriah while standing

Hi,

Talmudically, based on biblical examples, we are taught that a mourner tears his clothing while standing - so much so that that the Code of Jewish Law says that one who tears while sitting has not fulfilled his obligation.

(Talmud Moed Katan 20b; Code of Jewish Law Yoreh Deah 340:1)

Have a good day,
Mordechai

Tearing k'riah

Hi,

Today we begin a new topic: Mourning. It is a sad topic, but it is an inescapable part of life, and Jewish law has quite a bit to say about it.

The Torah presents us with numerous models, such as the actions of Avraham in mourning for Sarah, and the actions of Yaakov in mourning for his son Yosef, and these cases are the model for much of what Jews do after suffering a loss.

One who loses a close relative - parent, sibling, spouse or child - must tear his clothing.

(Code of Jewish Law Yoreh Deah 340:1)

Have a good day,
Mordechai

The week after Shavuot

Hi,

Although Shavuot is a brief holiday, a small element of celebration continues for a week afterward.

When we have a Beit haMikdash, Jews who come to the Beit haMikdash for aliyah laregel ( pilgrimage for holidays) bring a special korban (offering). That korban may be brought for a full week - Shavuot itself, plus 6 days.

To mark those days when one could bring this celebratory korban, we do not say tachanun for 6 days after Shavuot.

(Mishneh Berurah 131:36)

Have a great day,
Mordechai

Yom Tov Food

Hi,

One last not on Yom Tov food, after that whole Eruv Tavshilin topic:

"One should not scrimp on Yom Tov expenditures; one must create honor and pleasure for the day, just as for Shabbat."

(Code of Jewish Law Orach Chaim 529:1)

Have a great day,
Mordechai

Please don't eat the Eruv (yet)

Hi,

We have been discussing the Eruv Tavshilin.

As we have said, preparing the Eruv Tavshilin before Yom Tov is that start of one's general Shabbat preparations, and permits those preparations to continue on Friday.

The Eruv Tavshilin must remain intact in order to permit the continuation of those preparations on Friday; it may not be eaten before Shabbat. However, one certainly may eat it on Shabbat itself.

(Code of Jewish Law Orach Chaim 527:15)

Have a great day,
Mordechai

Yom haMeyuchas

Hi,

We interrupt our discussion of Eruv Tavshilin to introduce Yom haMeyuchas. Today [Monday] is a special day on the calendar: Yom haMeyuchas יום המיוחס.

"Yichus יחוס" is usually used in reference to lineage, but it means "association." Someone with "good yichus" is someone who has good associates. Similarly, a day that is "meyuchas" is a day with special associates.

There are two common explanations for why this day has special yichus:

1. One reading of the pesukim detailing the dialogue between HaShem and Moshe before Sinai shows that on this day Moshe conveyed HaShem's message, "You will be a kingdom of kohanim and a sacred nation," to the Jews. (Taamei haMinhagim)

2. This day has nothing inherently special, but it is the day after Rosh Chodesh and the day before the 3 days of preparation for the presentation of the Torah, and that gives it special status.

There are no major celebrations for this day, but in davening we omit Tachanun.

Either way, Happy Yom haMeyuchas!
Mordechai

What an Eruv Tavshilin does not permit

Hi,

We have said that one may use an Eruv Tavshilin to permit cooking on Yom Tov for the following Shabbat.

However: This only permits cooking on Friday for Shabbat. When Yom Tov is Thursday and Friday, one may not cook on Thursday for Shabbat, despite having prepared an Eruv Tavshilin.

(Code of Jewish Law Orach Chaim 527:13)

Have a great day,
Mordechai

Making an Eruv Tavshilin for others, Part II

Hi,

We have said that one may prepare an Eruv Tavshilin on behalf of others, who did not prepare one for themselves.

Those others need not even know about it, when one does it. One simply creates the Eruv Tavshilin, gives it to a third party who formally acquires it on behalf of those other people, then takes it back and recites the formula we have discussed.

(Code of Jewish Law Orach Chaim 527:9-12)

Have a great day,
Mordechai

Creating an Eruv Tavshilin for others

Hi,

Although the purpose of the Eruv Tavshilin is for each household to individually begin its Shabbat preparations before the preceding Yom Tov, one may actually create an Eruv Tavshilin on behalf of others who have forgotten to create their own.

When one does this, one includes an additional phrase in the Eruv dedication, stating that the Eruv is "for us and for all Jews living in this town," as noted in the Artscroll Siddur pg. 654. One must also give the Eruv Tavshilin to someone else to acquire on behalf of those other people.

However, those who forget to create their own Eruv Tavshilin may only rely on this on rare occasion; because this method really defeats the purpose of Eruv Tavshilin, one may not regularly rely on others' Eruvei Tavshilin.

(Code of Jewish Law Orach Chaim 527:7; Mishneh Berurah 527:22)

Have a great day,
Mordechai

The food of the Eruv Tavshilin

Hi,

What sort of food does one use for the Eruv Tavshilin, beyond the idea (noted yesterday) that it should consist of a cooked food and a baked food?

1. Each food item should have a minimum of an olive-sized volume, to be considered significant. Some prefer an egg-sized amount for bread, if bread is used, since that's the amount that triggers a biblical obligation for birkat hamazon.

2. The foods should be the sort of food you would eat with bread at a real meal, rather than snack foods.

3. The foods should be respectable food items, to honor the mitzvah.

(Code of Jewish Law Orach Chaim 527:3-4; Mishneh Berurah 527:8, 11)

Have a great day,
Mordechai

Bread and a cooked food

Hi,

As we have already noted, the purpose of creating an Eruv Tavshilin is to permit cooking on a Friday Yom Tov for Shabbat, by beginning the cooking process before Yom Tov.

We try to set aside one cooked food and one baked food, since one may wish to either cook or bake for Shabbat on Yom Tov, and they are fundamentally different processes in the eyes of Jewish law. However, in practice, one who only set aside a cooked food may rely on that item for both cooking and baking.

(Code of Jewish Law Orach Chaim 527:2)

Have a great day,
Mordechai

Cooking early during the day on a Friday Yom Tov for Shabbat

Hi,

This one is complicated, but it's a worthwhile point:

The core leniency in the Eruv Tavshilin is this:

The prohibition against cooking on a Friday Yom Tov for the ensuing Shabbat is rabbinic, since on a biblical level one could argue that guests might still arrive on Yom Tov and eat the food that day.

Therefore, the rabbis were able to create an "Eruv Tavshilin" enactment circumventing their own rabbinic prohibition, permitting cooking on Yom Tov for Shabbat.

Based on this logic, one should only exploit Eruv Tavshilin to cook early in the day on Yom Tov for Shabbat, at a time when guests might realistically arrive.

(Mishneh Berurah 527:3)

Have a great day,
Mordechai

Cooking on Yom Tov for after Yom Tov

Hi,

We have begun to discuss Eruv Tavshilin.

We have said that one may not cook on Yom Tov for another day, even if that other day is Shabbat. However, one who cooks permissbly on Yom Tov for Yom Tov itself, and produces leftovers, may use those leftovers for other days, Shabbat or otherwise.

(Shulchan Aruch Orach Chaim 527:1)

Have a great day,
Mordechai

What's an Eruv Tavshilin?

Hi,

This year, Shavuot is Friday and Shabbat. Any time there is a Yom Tov on Friday, we enter an "Eruv Tavshilin" situation.

To introduce the topic: One may not cook on Yom Tov in preparation for Shabbat. However, one may cook on Yom Tov for Shabbat, if one began those Shabbat preparations before Yom Tov started.

Preparing an "Eruv Tavshilin" - literally, "mixture of cooked foods" - means that one sets aside a baked food and a cooked food, before Yom Tov, for Shabbat. There is a specific declaration to be recited, designating these foods for this purpose - see the Artscroll Siddur, pg. 654.

Gd-willing, we'll discuss this more in the coming days.

Have a great day,
Mordechai

Laws of Shavuot

Hi,

For laws of Shavuot, see the following older posts:

Eating Dairy on Shavuot

Staying up Shavuot night

The Shavuot davening

The Shavuot Torah reading

Shavuot Grass and Trees

Celebration of the week following Shavuot

Note that any dates/times in those posts refer to the year in which I published the posts, and not this year.

Have a great day,
Mordechai

Protecting people who do the right thing

Hi,

Technically, a person who finds an item and returns it to the owner should be required to swear that he did not harm the item, and that he is returning everything he found. However, to ensure that people will guard and return lost property, the court does not recognize the right of an owner to demand that oath.

This is much like the American "Good Samaritan" law which absolves a rescuer from liability for any damage which takes place during administration of CPR.

(Code of Jewish Law Choshen Mishpat 267:27)

Have a great day,
Mordechai

Reimbursement for maintaining a found item

Hi,

If I find property which requires maintenance, such as an animal requiring feeding, then when the owner claims the property, I may demand reimbursement for that maintenance.

I need not swear an oath to validate my cost estimate; this oath should be a requirement, but the sages waived it due to concern that people would refrain from taking care of lost property rather than face swearing an oath.

(Code of Jewish Law Choshen Mishpat 267:26-27)

Have a great day,
Mordechai

Responsibility for found items

Hi,

One who announces that he has found property becomes an official guardian of the item. He must protect it from harm, and do what is needed to maintain its state.

If this guardian is careless, and that carelessness results in depreciation or destruction of that item, then he is responsible to reimburse the owner at such time as the owner comes forward to claim it.

If the item is one which is easily replaced, the finder may 'purchase it' and use it for himself, paying its value to the owner when he claims it. (Some rule that this is only true if the item is one regarding which the owner wouldn't care whether he has that specific item, or any other item like it.)

(Code of Jewish Law Choshen Mishpat 267:15-17, 21; Meirat Einayim 267:30)

Have a great day,
Mordechai

Returning lost property to unethical people

Hi,

If a person is known to be unethical, and he claims an item you have found, you should not return it to him even if he provides identifying information. This is because the system of using "identifying information" is vulnerable to wanton abuse.

A person who is known to be unethical must actually bring witnesses that the item is his.

(Code of Jewish Law Choshen Mishpat 267:5)

Have a good day,
Mordechai

Care in announcing a lost object

Hi,

When announcing that one has found an item, one should not be too specific - lest someone falsely claim the item as his own. One should announce that he discovered a coin, or a garment, or a document, and then the claimant will have to identify its unique characteristics in order to get it.

(Code of Jewish Law Choshen Mishpat 267:4)

Have a great day,
Mordechai

Finding the owner

Hi,

One who finds lost property and cannot identify the owner should announce the item in the synagogues and study halls, but only after services and not during them.

One who fears that the item will be stolen from him by unsavory people due to excessive publicity should instead spread the word person-to-person.

(Code of Jewish Law Choshen Mishpat 267:3; Meirat Einayim 267:4)

Have a great day,
Mordechai

Re-returning

Hi,

One must return a lost item until it is fully "returned." This means that if one is returning an animal, and one puts it in the owner's yard and it runs away again, one must continue to return it.

The exception, as we said several emails ago, is if the owner is irresponsible, knowingly creating a situation in which his property will be lost.

(Code of Jewish Law Choshen Mishpat 267:2)

Have a great day,
Mordechai

Returning a menace

Hi,

One who finds a dangerous animal, such as an animal which is known to harm children, does not return it to the owner. Rather, anyone who finds such an animal should destroy it.

(Code of Jewish Law Choshen Mishpat 266:4)

Have a great day,
Mordechai

Demanding payment for returning lost property

Hi,

One may not demand payment in exchange for returning a lost object. However, one who loses time from his own work in order to return someone's property may demand S'char Batalah payment.

The extent of S'char Batalah payment is subject to some debate. It is either:
a) The value of the work one lost,
or
b) The amount one would have to pay someone in his line of work, to get him to take that time off.

Both opinions have strong sources behind them.

(Code of Jewish Law Choshen Mishpat 265:1)

Have a great day,
Mordechai