Saturday, April 30, 2011

Privacy walls, Part II

Hi,

We have said that if partners split a property, each side is obligated to contribute toward a privacy wall.

The wall should be built to the standard specifications for such walls, based on local custom, so long as it will prevent each side from seeing into the other's property in the course of normal use of the property. Each side contributes equally of his space, as well as of funds, for construction of the wall.

(Shulchan Aruch Choshen Mishpat 157:3-4)

Have a great day,
Mordechai

Thursday, April 28, 2011

Privacy walls

Hi,

If partners split a property and neither partner requests a privacy wall, and then one of them requests it some time later, the other partner must cooperate. This is true even if local custom does not require such a wall.

(Shulchan Aruch Choshen Mishpat 157:1)

Have a great day,
Mordechai

Wednesday, April 27, 2011

Good fences make good neighbors

Hi,

If partners own a piece of land, and decide to divide it up, and there is sufficient land for each partner to receive a usable space, then each partner is obligated to accede to the other's request to build a privacy wall between their properties. This is true even if the request is not made at the time of the division, but only subsequently.

More on this in coming posts...

(Shulchan Aruch Choshen Mishpat 157:1)

Have a great day,
Mordechai

Tuesday, April 26, 2011

The Isru Chag celebration

Hi,

The day immediately following Pesach, Shavuot and Succot is called ‘Isru Chag’, and we do not fast on that day. It is also customary to have an augmented meal on that day, continuing the celebration of the holiday and demonstrating our love for it.

(Shulchan Aruch Orach Chaim 429:2; Mishneh Berurah 429:14)

Have a great day,
Mordechai

Saturday, April 23, 2011

Lag ba'Omer

Hi,

For past posts relating to Lag ba'Omer, and particular to the question of when one takes a haircut if Lag ba'Omer occurs on a Sunday - as it does this year - please click here.

Good moed,
Mordechai

Thursday, April 21, 2011

The Omer as Mourning Period

Hi,

To find earlier "Daily Jewish Law" posts on the mourning practices associated with parts of the Omer period, please click here.

Have a great day,
Mordechai

Wednesday, April 20, 2011

Counting the Omer

Hi,

We are now into the 49-day Omer period which runs from Pesach to Shavuot. For posts on the mitzvah of Counting the Omer, please click here.

Have a great day,
Mordechai

Sunday, April 17, 2011

Discussing our departure from Egypt

Hi,

The Torah expresses the mitzvah of sippur yetziat mitzrayim (re-telling the account of leaving Egypt) as a two-part mitzvah: (1) To talk about the events of our departure from Egypt, and (2) To thank Gd for engineering that miracle. The Torah says we should do this while eating the korban pesach, and so we, in the absence of a korban, do this at our seder; the Sefer haChinuch lists this as the 21st mitzvah in the Torah.

The Tzlach (Berachot 12b) noted that there is a separate mitzvah of mentioning our departure from Egypt on a daily basis, and the gemara even discusses the possibility that such a mitzvah might apply nightly as well. Nonetheless, that on-going mitzvah is not included in the standard count of the 613 mitzvot. The Tzlach suggested that this omission may be because the pasuk from which the lesson is derived says, “So that you will remember,” and does not command, “You shall remember.”

Chag kasher v'sameach,
Mordechai

Saturday, April 16, 2011

Set the table in advance

Hi,

The seder table should be set for the first night of Pesach before Yom Tov begins, so that the seder will begin as early as possible. [This is certainly true in a year when the seder is after the clocks have been changed, so that nightfall is very late.]

However, this is not an option for the second seder [celebrated by Jews who live outside of Israel], because one may not prepare for the second day of Yom Tov during the first.

(Shulchan Aruch Orach Chaim 472:1, 503:1; Mishneh Berurah 503:1)

Chag kasher v'sameach,
Mordechai

Thursday, April 14, 2011

Matzah meal products on Erev Pesach

Hi,

We have said that one may not eat matzah on Erev Pesach.

Products made of baked matzah meal are included in this practice. However, boiled products, like matzah balls, may be eaten; those are not considered matzah anymore, at all.

Of course, one would still be limited to eating these before the tenth hour of the day, to avoid ruining his appetite for the Seder.

(Shulchan Aruch Orach Chaim 471:2; Mishneh Berurah 471:20)

Have a great day,
Mordechai

Wednesday, April 13, 2011

Matzah on Erev Pesach, for children

Hi,

Children who are not old enough to understand the re-telling of the Exodus at the Seder are permitted to eat matzah on Erev Pesach.

(Shulchan Aruch Orach Chaim 471:2; Mishneh Berurah 471:13-14)

Have a great day,
Mordechai

Tuesday, April 12, 2011

Matzah on Erev Pesach

Hi,

We do not eat matzah on Erev Pesach, so that the matzah we eat at the seder will be special. However, in the morning and early afternoon (before the "10th hour") one may eat enriched matzah, since that would not qualify for seder use.

Note, as we said yesterday, that one should not eat this if it would take away from his appetite for that evening's matzah.

(Shulchan Aruch Orach Chaim 471:2)

Have a great day,
Mordechai

Monday, April 11, 2011

Eating on Erev Pesach

Hi,

One should not eat a lot on Erev Pesach, if he knows that this will ruin his appetite for matzah at the seder.

(Shulchan Aruch Orach Chaim 470:3, 471:1)

Have a great day,
Mordechai

Sunday, April 10, 2011

The morning of Erev Pesach

Hi,

One may engage in work on the morning of Erev Pesach, assuming the general custom in his locale is to permit it.

(Shulchan Aruch Orach Chaim 468:3)

Have a great day,
Mordechai

Saturday, April 9, 2011

Work on Erev Pesach

Hi,

Although one may not engage in work [see previous emails] on the afternoon of Erev Pesach, one who hires a non-Jewish employee or contractor may permit him to work at that time as needed, even on the premises of the Jew's home.

(Shulchan Aruch Orach Chaim 468:1; Mishneh Berurah 468:5; Aruch haShulchan Orach Chaim 468:1-3)

Have a great day,
Mordechai

Thursday, April 7, 2011

Which sort of work is prohibited on Erev Pesach?

Hi,

We have said that one is not permitted to engage in work on the afternoon of Erev Pesach. However, the list of prohibited actions is not clear.

We know that melachah, the tasks prohibited on Shabbat and Yom Tov, like writing, are permitted in many circumstances. On the other hand, one is not to engage in personal grooming like cutting his nails or taking a haircut [although one may cut his nails if he failed to do so in advance, and one may go to a non-Jewish barber]. And authorities distinguish between מלאכה גמורה, "total melachah" and other types of melachah.

Given the lack of clarity in the matter, one should consult a competent halachic authority regarding specific cases.

(Shulchan Aruch Orach Chaim 468:1-2; Aruch haShulchan Orach Chaim 468:1-3; Mishneh Berurah 468:5-7)

Have a great day,
Mordechai

Wednesday, April 6, 2011

Working on Erev Pesach

Hi,

We are not permitted to engage in work on Erev Pesach after midday. This includes unpaid work. This time period, the time when we bring the korban pesach, has the status of a Yom Tov [holiday].

(Shulchan Aruch Orach Chaim 468:1; Mishneh Berurah 468:1; Aruch haShulchan Orach Chaim 468:1-2)

Have a great day,
Mordechai

Tuesday, April 5, 2011

Forgiving one's honor

Hi,

We have said that one must rise for the wise and the elderly. However, should they decline the honor, one would only be obligated to perform some minimal action to display respect, and that would suffice.

(Shulchan Aruch Yoreh Deah 244:14)

Have a great day,
Mordechai

Monday, April 4, 2011

Choosing between the elderly and the wise

Hi,

When choosing whether to give primary honor to (1) the very elderly and somewhat knowledgeable or (2) the young and extraordinarily learned, we honor the former first in social settings and the latter first in judicial or Torah-study settings.

(Shulchan Aruch Yoreh Deah 244:18)

Have a great day,
Mordechai

Sunday, April 3, 2011

Rising for the pious?

Hi,

There is some debate as to whether we are obligated to rise for the especially pious, if they are not also learned.

Many argue that rising is obligatory for all, even for those who are personally learned; others argue that most people should stand, but learned people are merely permitted to do so.

(Tur and Beit Yosef Yoreh Deah 244; Shulchan Aruch Yoreh Deah 244:12; Shach Yoreh Deah 244:10; Aruch haShulchan Yoreh Deah 244:14)

Have a great day,
Mordechai

Saturday, April 2, 2011

Torah Study vs. Honor

Hi,

One who is studying Torah must still rise to show respect, as one interrupts Torah study for other mitzvot.

(Shulchan Aruch Yoreh Deah 244:11; Aruch haShulchan Yoreh Deah 244:7)

Have a great day,
Mordechai