The maakeh obligation for a jointly owned building

Hi,

We have been learning about Maakeh.

Partners who own a building in tandem are each obligated to make sure a maakeh is built.

(Code of Jewish Law Choshen Mishpat 427:3)

Have a great day,
Mordechai

Which types of buildings require a maakeh?

Hi,

We have begun to learn about Maakeh.

Dwellings automatically require a Maakeh for any drop-off, even if no real danger is posed. Storage areas, synagogues and schools require the general elimination of practical dangers.

(Shulchan Aruch Choshen Mishpat 427:1,3)

Have a great day,
Mordechai

Maakeh: Protecting society

Hi,

Today we begin a new topic: Maakeh.

"Maakeh" is a Hebrew word which refers to a protective barrier, meant to keep people from falling off a roof or similar drop.

The Torah says, "When you build a new house, you shall make a Maakeh for your roof, and you shall not place blood upon your house when one a victim falls from it."

(Devarim 22:8)

Have a great day,
Mordechai

Feeding animals, Part II

Hi,

We have said that one must feed animals that are in his care.

On Shabbat, though, one who feeds animals must take care to avoid:
1. Personally performing melachah [prohibited tasks], such as sifting or measuring the food, or trapping the animal;
2. Setting up his animal to eat muktzeh items, such as grass that was uprooted on Shabbat, lest one forget and handle the muktzeh items himself;
3. Strenuous activity.

(Aruch haShulchan Orach Chaim 324)

Have a great day,
Mordechai

Feeding animals, Part I

Hi,

A Jew is obligated to feed any wild animal, domestic animal, or bird, which relies on him for food and which he raises in his home. However, a person need not strain himself if the animal does not depend on him for food, as he does not raise the animal.

(Aruch haShulchan, Orach Chaim 324:1)

Have a great day,
Mordechai

Birkat haGomel with a minyan

Hi,

Birkat haGomel should be recited at a public torah reading; at the minimum, it should be said with a minyan. Many poskim permit the minyan to be of men as well as women; see Shulchan Aruch Orach Chaim 219:3 and the Mishneh Berurah there.

Have a great day,
Mordechai

v'Ten Tal UMatar out of season, Part II

Hi,

A non-Israeli travelling in Israel during the time when Israelis pray for rain should pray for rain as they do. Some also suggest that he should continue to pray for rain when he leaves Israel, since he already began 'the season.'

(Igrot Moshe Orach Chaim 2:102; Yechaveh Daat 1:73)

Have a great day,
Mordechai

v'Ten Tal UMatar out of season

Hi,

We've been discussing travel issues; here's one that comes up between October and December, for Israelis.

Israelis begin praying for rain, reciting ותן טל ומטר (v'ten tal umatar) from the 7th of Cheshvan, some two weeks after Succot. Outside Israel, Jews begin that prayer on or about December 4th. So what does an Israeli do if he travels outside Israel during that interim period?

Rav Moshe Feinstein (Igrot Moshe Orach Chaim 2:102) and Rav Ovadia Yosef (Yechaveh Daat 1:73) concur that when traveling in North America, which needs rainfall all year, an Israeli should continue to insert the prayer for rain as he did in Israel. The one exception would be if he was serving as chazan; he could not recite the prayer for rain when repeating the amidah aloud.

Have a great day,
Mordechai

How soon must one recite Birkat haGomel?

Hi,

Ramban said that one must say Birkat haGomel within three days of one's trip, since that's when one's head is still "in the trip." Rashba said one may say it for up to five days.

The Shulchan Aruch (Orach Chaim 219:6) says one has three days, but one may make it up afterward if necessary.

[See also Tzitz Eliezer 13:17:9.]

Have a great 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

Birkat haGomel at night?

Hi,

Normally, we recite Birkat haGomel during Kriat haTorah [the public Torah reading]. This is not a firm requirement, though.

The Chatam Sofer did say that Birkat haGomel should be recited during the daytime, only; he presented three reasons for this:

1. Birkat haGomel is meant to parallel the korban todah, a thanks-offering brought in the Beit haMikdash, which is only brought during the day;

2. Birkat haGomel is like Hallel, which is only recited during the day, or at the time of an actual miracle which occurs at night [like Pesach night];

3. Birkat haGomel was initially instituted to be recited during Kriat haTorah, which does not occur at night [Simchat Torah night is not a fulfillment of Kriat haTorah]. To do this at night would be a marked change from the initial institution.

R' Eliezer Waldenberg (Tzitz Eliezer 13:17) endorsed this restriction.

May we soon see the rebuilding of the Beit haMikdash,
Mordechai

Birkat haGomel for airplane flights

Hello,

The issue of reciting Birkat haGomel for air travel is somewhat controversial; here are three contemporary views:

Rav Ovadia Yosef (Yechaveh Daat 2:26) - Air travel requires Birkat haGomel for trips of more than 72 minutes.

Rav Eliezer Waldenberg (Tzitz Eliezer 11:14) - Air travel requires Birkat haGomel for trips over bodies of water or over an unsettled area, but not from city to city within a single country, if the trips lasts only an hour or two.

Rav Yitzchak Weiss (Minchat Yitzchak 4:47) - One does not recite Birkat haGomel, because the berachah is intended only for dangers which people do not take on willingly.

May we soon see the rebuilding of the Beit haMikdash,
Mordechai

Birkat haGomel for multi-leg trips

Hi,

One only recites Birkat haGomel once for a single journey.

Therefore, for example, one who is traveling to Israel, with a stop-over of a day or even a few days in Europe, would only recite Birkat haGomel upon arrival. [This example assumes one recites Birkat haGomel for intercontinental flights, of course.]

(Mishneh Berurah 219:1 and Shaar haTziyyun thereon)

May we soon see the rebuilding of the Beit haMikdash,
Mordechai

Birkat haGomel

Hi,

There is considerable debate regarding the application of Birkat haGomel for different types of trips. Rather than enter this significant controversy, I'll simply cite the words of the Shulchan Aruch, Orach Chaim 219:7, which emphasize that this berachah is intended for situations involving danger, and not for generic trips -

"In Germany and France they do not recite the berachah when traveling from one city to another, for the sages obligated only travelers in the wilderness, where dangerous animals and bandits are found. In Spain they customarily do recite the berachah, for their roads are all under the presumption of danger. They do not recite it for less than a parsah, though, unless it is a place established to be especially dangerous."

May we soon see the rebuilding of the Beit haMikdash,
Mordechai

Who says Tefilat haDerech?

Hi,

Although we say regarding certain prayers, 'ברב עם הדרת מלך,' that there is greater honor for Gd when people perform mitzvot in unison, Tefilat haDerech is different in that it is a personal request for aid. Therefore, each person should recite Tefilat haDerech personally.

Those who are not capable of reciting the words may hear them from others and reply Amen.

(Shulchan Aruch Orach Chaim 193:1; Mishneh Berurah 193:5)

May we soon see the rebuilding of the Beit haMikdash,
Mordechai

Eat and then recite Tefilat haDerech?

Hi,

As berachot [blessings] are usually structured, they are supposed to begin with "Baruch Ata." However, berachot which are designed to follow other berachot need not have such a start; these are called ברכה הסמוכה לחבירתה, a berachah which is beside another berachah. Examples include the berachot of the Amidah and Birkat haMazon.

Tefilat haDerech does not begin with "Baruch Ata." Some authorities have stated that this is not a big deal, but others are careful to recite Tefilat haDerech immediately after some other berachah, such as a berachah upon eating food.

Even if one does not have the option of linking Tefilat haDerech to another berachah, one should still recite it.

(Tur, Beit Yosef Orach Chaim 110; Shulchan Aruch Orach Chaim 110:6; Mishneh Berurah 110:28)

May we soon see the rebuilding of the Beit haMikdash,
Mordechai

When do we say Tefilat haDerech?

Hi,

Tefilat haDerech is to be said after one has actually embarked on the road. Ideally, one should halt the vehicle in order to do this, but if this is not possible then it may be said while traveling.

One who realizes mid-trip that he did not recite Tefilat haDerech may still recite it, until the last parsah - the last 72 minutes of the trip.

(Shulchan Aruch Orach Chaim 110:7; Mishneh Berurah 110:22-23, 33)

May we soon see the rebuilding of Yerushalayim,
Mordechai

The Nine Days, and Tisha b'Av

Hello,

Nine days of intense mourning for the Beit haMikdash and other tragedies in Jewish history begin on Sunday evening, July 11, and run through Tishah b'Av on Tuesday July 13.

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

May we soon see the complete rebuilding of Yerushalayim,
Mordechai

Tefilat haDerech for a flight

Hi,


The consensus of halachic authorities (as reflected in the collection in Yechaveh Daat 2:26) is that one recites Tefilat haDerech when traveling by plane.

One might have thought otherwise, as the Rogatchover Gaon noted, because the biblical term בדרך - "on the derech" - is classically understood (Chullin 139a) as not referring to an aerial space. Nonetheless, we rule that one does recite Tefilat haDerech for flights.

Have a good day,
Mordechai

How far must I travel to warrant tefilat haderech [the traveler's prayer]? Part II

Hi,

Yesterday we noted that the Shulchan Aruch says to recite Tefilat haDerech upon traveling one parsah.

Rav Ovadia Yosef (Yechaveh Daat 2:26) rules that this refers to time, rather than distance. A person walking at a normal pace needs 72 minutes to travel a single parsah. Therefore, one who travels for 72 minutes must recite Tefilat haDerech.

Have a great day,
Mordechai

How far must I travel to warrant tefilat haderech [the traveler's prayer]?

Hi,

The Shulchan Aruch [Orach Chaim 110:7] rules that land travel between cities requires Tefilat haDerech [The Traveler's Prayer] if one travels more than a פרסה - about 4 kilometers / 2.5 miles.

The Mishnah Berurah [110:30] clarifies that this applies to sea travel as well, and that travel of a shorter distance, through an area known to be dangerous, also warrants Tefilat haDerech.

Have a great day,
Mordechai

Washing for bread, without water - Part III

Hi,

We have been learning about ways to handle Netilat Yadayim before meals when water is not available.

In addition to the options we have mentioned, one may dip his hands in a running stream so long as his hands are covered with water, even if it lacks the 40 seah a mikvah would have.

(Shulchan Aruch Orach Chaim 158:13, 159:14)

Have a great day,
Mordechai

Washing for bread, without water - Part II

Hi,

In our previous post we noted one solution for Netilat Yadayim in the absence of water.

The Shulchan Aruch notes an additional possibility: Eat with covered hands. It would be best to do this with both hands covered, to avoid the risk of accidental contact with the food by an unwashed hand.

(Shulchan Aruch Orach Chaim 163:1; Mishneh Berurah 163:5)

Have a great day,
Mordechai

Washing for bread, without water

Hi,

One who will travel, and who suspects he will not have water to wash for a meal, may use the following strategy: Wash and dry his hands, and then don gloves until he is ready to eat. He would be permitted to converse between washing and the meal, so long as he was careful not to remove his gloves.

Should water become available before the meal, though, this person would be required to re-wash.

(Mishneh Berurah 164:4)

Have a great day,
Mordechai

Washing for bread, in the bathroom

Hi,

A frequent travel question: May one wash netilat yadayim before a meal, in a bathroom?

Aside from hygienic factors, one is not supposed to wash in a bathroom, for a couple of reasons:
1. One may not recite the berachah in there, and the berachah is to be recited before drying one's hands;
2. "Ruach ra'ah" is present in the bathroom, and one should not eat with ru'ach raah about him. [No, I can't translate ruach ra'ah, sorry.]

One who has no other place to wash may use water from the bathroom, but should ideally remove it from the bathroom and then wash away from that area.

(Har Tzvi Orach Chaim 1:50)

Have a great day,
Mordechai