Tuesday, December 31, 2013

Supporting one's parents

Hi,

Money spent in support of one's parents qualifies as tzedakah, assuming the parents lack the means to support themselves.

(Shulchan Aruch Yoreh Deah 251:3, and see Tzedakah uMishpat 3:8)

Have a great day,
Mordechai

Monday, December 30, 2013

Family first

Hi,

One's first philanthropic obligation is to one's own family. Therefore, communal funds should not be used to support needy people if they have relatives who are able to aid them.

(Shulchan Aruch Choshen Mishpat 257:8)

[I can't think that this rule would apply where the wealthy relatives refused to assist - but the Shulchan Aruch does not discuss that case.]

Have a great day,
Mordechai

Sunday, December 29, 2013

Switching beneficiaries

Hi,

One who regularly supports a particular needy person should not switch his support to someone else, unless there is a compelling obligation to support the second party, such as where he is a relative or where he stands out for his righteousness.

(Tzedakah uMishpat 3:6 and footnotes 17-18)

Have a great day,
Mordechai

Saturday, December 28, 2013

Putting all of one's tzedakah eggs in one basket

Hi,

One should not give all of his tzedakah to a single needy person, unless doing so would enable him to provide all of this person's needs, to the standard of living to which he is accustomed.

(Tzedakah uMishpat 3:5, and footnote 16)

Have a great day,
Mordechai

Thursday, December 26, 2013

Wedding Tzedakah

Hi,

Giving a couple the means to have a wedding qualifies as tzedakah. However, the couple should be careful not to spend more than is considered 'normal' for the wedding.

(Tzedakah uMishpat 3:1, and see footnotes there)

Have a great day,
Mordechai

Wednesday, December 25, 2013

One who has a steady income

Hi,

One who has a steady income which provides for his living expenses is not permitted to accept tzedakah funds, even if he does not possess a year's living expenses [the poverty line discussed in a previous post] at any one time.

(Tzedakah uMishpat 2:6)

Have a great day,
Mordechai

Tuesday, December 24, 2013

The halachic poverty line

Hi,

The Talmud states that one who has 200 zuz should not accept tzedakah. This figure is based on the assumption that 200 zuz, with the added help of matnot aniyim (the tithes and gifts separated from Israeli produce for the needy) and of the classic year-round kupah and tamchui distributions, would suffice for a year's normal expenses for one person (and a spouse, according to some commentators).

Therefore, in communities without matnot aniyim and without kupah and tamchui, and with different currencies, one would need to calculate the amount needed for a year's normal expenses, and this would be the key figure. One who possesses less than that sum would be justified in accepting tzedakah.

(Tzedakah uMishpat 2:2-5)

Have a great day,
Mordechai

Monday, December 23, 2013

New topic: Receiving tzedakah

Hi,

One who is able to reduce his expenses and so get by without receiving tzedakah is responsible to do so. However, one whose health is endangered by his refusal to receive tzedakah is considered liable for his life.

(Tzedakah uMishpat 2:1 and footnote 1)

Have a great day,
Mordechai

Sunday, December 22, 2013

Netilat yadayim if one was awake all night

Hi,

One who was awake all night should still wash netilat yadayim in the morning before prayer, but should not recite a blessing unless he used the washroom before this ritual washing.

(Ishei Yisrael 2:30)

Have a great day,
Mordechai

Saturday, December 21, 2013

Drying and netilat yadayim

Hi,

One need not dry one's hands after washing in the morning, but some are careful to do so, and they will not even recite the blessing of al netilat yadayim until after drying their hands. The strict view maintains that the problems remedied by washing are not dispelled until after drying.

(Ishei Yisrael 2:24 and footnote 82)

Have a great day,
Mordechai

Thursday, December 19, 2013

Netilat Yadayim in snow in the morning

Hi,

One may dip his hands in a snowbank for the ritual netilat yadayim upon rising in the morning, but one should dip them in three times, each time in a separate location.

This qualifies for the blessing of al netilat yadayim.

(Ishei Yisrael 2:19)

Have a great day,
Mordechai

Wednesday, December 18, 2013

When there is no water for netilat yadayim

Hi,

One who rises in the morning and has no water for the ritual netilat yadayim washing should wipe his hands on a surface which will remove dirt, and alter the blessing to al nekiyut yadayim.

Later, when water is available, one should wash properly, without a new blessing.

(Ishei Yisrael 2:14, 17)

Have a great day,
Mordechai

Tuesday, December 17, 2013

How much to wash in the morning

Hi,

Ideally, the ritual washing conducted upon rising in the morning should involve the skin all the way to the wrist. One who lacks sufficient water should wash to the point where the fingers join the hand.

(Ishei Yisrael 2:12)

Have a great day,
Mordechai

Monday, December 16, 2013

Washing with a cast

Hi,

When washing ritually upon rising, one must make sure that the water can reach all parts of one's hand. However, one whose entire hand is covered in a cast need wash only the other hand.

(Ishei Yisrael 2:11)

Have a great day,
Mordechai

Sunday, December 15, 2013

The size of a washing cup

Hi,

The washing cup used for ritual washing - whether when rising in the morning or for bread - must be able to hold at least a reviit - a little less than four ounces - of liquid.

(Mishneh Berurah 159:5)

Have a great day,
Mordechai

Saturday, December 14, 2013

Using a faucet to wash one's hands ritually

Hi,

For the ritual washing performed in the morning or before eating bread, the water must be poured on to the hands by human action. Opening a tap from a barrel or urn is considered human action. There is debate regarding a faucet from a water pipe, though, because the water must be poured from a keli [vessel], and it is not clear that the faucet suffices.

(Ishei Yisrael 2:8 and footnotes there)

Have a great day,
Mordechai

Thursday, December 12, 2013

Immersing one's hands in the morning

Hi,

One who doesn't have the option of pouring water on his hands in the morning for their ritual washing may immerse his hands in a bowl of water and then daven, but must then wash ritually afterward.

(Shulchan Aruch Orach Chaim 4:12 and Ishei Yisrael 2:7)

Have a great day,
Mordechai

Wednesday, December 11, 2013

The order for ritual handwashing in the morning

Hi,

The order of  ritual handwashing each morning is this: Pick up the cup of water and put it into the left hand, then pour water on the right hand. Switch hands, and pour on the left. Repeat the set three times. This is a ritual washing; unlike the washing done before eating bread, there is no rational explanation for the triple-washing here.

Some add a fourth wash, to remove the water used for the first three.

(Ishei Yisrael 2:5 and footnotes there)

Have a great day,
Mordechai

Monday, December 9, 2013

Ritual washing for children

Hi,

Traditionally, washing one's hands ritually upon rising has been viewed as a matter of safety, and not only fulfillment of the Torah's instructions. Therefore, it applies even for children who are under the age of obligation in the Torah's instructions.

(Mishneh Berurah 4:10 and Ishei Yisrael 2:4)

Have a great day,
Mordechai

Sunday, December 8, 2013

Washing immediately upon rising

Hi,

One should wash ritually immediately upon rising, while at one's bed. However, one who cannot keep water beside his bed may rely upon views that say that one may wash anywhere in one's room.

(Mishneh Berurah 1:2, and see Ishei Yisrael 2:footnote 18)

Have a great day,
Mordechai

Saturday, December 7, 2013

Saying "Modeh ani" with dirty hands

Hi,

We are supposed to wash our hands ritually, with a cup, each morning, as we have discussed elsewhere. Even prayer is prohibited before this washing. However, one may recite the opening sentence of "Modeh ani", because it does not include the Name of Gd.

(Mishneh Berurah 1:8)

Have a great day,
Mordechai

Thursday, December 5, 2013

Berachah on croutons

Hi,

What berachah do I recite before eating a salad that contains croutons?

Regarding croutons baked from the start for use in a salad, one could contend that the appropriate berachah would be mezonos, because croutons do not function in the normal role of bread in a meal. Such croutons would be similar to the dry cracker which early halachic authorities term pas haba'ah b'kisnin. In that case, one would recite a mezonos for the croutons, separate from the berachah for the salad.

In reality, though, croutons are recycled from old bread; this was true historically, and sources in commercial food preparation say that it remains so in restaurants today. Therefore, toasted croutons retain their original bread berachah of hamotzi. [Note, though, that one who will eat less than an egg-sized volume of bread (croutons or otherwise) should not recite al netilas yadayim when washing.]

There is some debate regarding the status of deep fried croutons; one should endeavour to eat these croutons as part of a bread-based meal.

(Aruch ksn; Shulchan Aruch Orach Chaim 158:2, 168:7, 10; Mishneh Berurah 168:56; Aruch haShulchan Orach Chaim 168:23)


Have a great day,
Mordechai

Wednesday, December 4, 2013

After Barchu

Hi,

If someone has not yet said the Yishtabach berachah concluding psukei d'zimra, and he answers Barchu and automatically begins the berachah (yotzeir or) that follows Barchu, he cannot then go back and say Yishtabach.

(Ishei Yisrael 16:35)

חג אורים שמח,
Mordechai

Tuesday, December 3, 2013

Answering Barchu while in Pesukei d'Zimra

Hi,

One who is in the pesukei d'zimra portion of the morning service should respond to the chazan's Barchu, unless he is in the part of Baruch she'Amar after the second 'Baruch atah' or in Yishtabach after 'Baruch atah'.

(Mishneh Berurah 51:8; Ishei Yisrael 16:32)

חג אורים שמח,
Mordechai

Monday, December 2, 2013

Responding 'Amen' after Barchu

Hi,

Some halachic authorities contend that the community should respond 'Amen' after the chazan says 'Baruch HaShem hamevorach l'olam va'ed', while others say it is not necessary.

(Mishneh Berurah 57:4)

חג אורים שמח,
Mordechai

Sunday, December 1, 2013

Bowing for Barchu

Hi,

Our practice is to bow when saying the word 'Barchu', straightening up when saying the Name of HaShem.

(Ishei Yisrael 16:28, and footnote 83)

חג אורים שמח,
Mordechai

Saturday, November 30, 2013

Lighting the menorah while in mourning

Hi,

Does a mourner light Chanukah candles?

An onein [one whose immediate relative has passed away, and has not been buried] is not obligated in lighting Chanukah candles. However, halachic authorities are concerned that people passing the onein's home may not know he is an onein, and they might think that he is flouting the mitzvah of lighting Chanukah candles. Further, lighting Chankah candles does fulfill our mission of publicizing the miracles of Chanukah. Therefore, an onein should make sure that someone lights in his home; there are conflicting views on whether he should respond Amen to their berachah. If no one else can light, then the onein should light, albeit without a berachah.

An avel sitting shivah does light Chanukah candles, and does recite all of the berachot, including Shehechiyanu. However, he should not light Chanukah candles in shul on the first night of Chanukah.


(Shulchan Aruch Yoreh Deah 341:1; Pri Megadim Orach Chaim 670:MZ 5; Mishneh Berurah 670:12, 671:44; Piskei Teshuvot 676:1)

חג אורים שמח,
Mordechai

Thursday, November 28, 2013

Light and leave?

Hi,

May I light the menorah and leave my home immediately?

From the perspective of fire safety: Leaving lit candles in one's home, and particularly near window curtains, is dangerous. One who knows that he will need to leave his home should take special precautions, perhaps lighting anchored tea lights.

From the perspective of the mitzvah: One may leave the Chanukah candles, but this is not ideal, as seen in our emphasis on lighting in rooms where we live and function. Both in terms of seeing the light and thereby commemorating the miracles that the Chanukah candles publicize, and in terms of rejoicing in the mitzvah, one ought to remain in the room with the Chanukah candles for at least half an hour after lighting them, unless he is called away to perform a mitzvah.


(Rama Orach Chaim 677:3; Pri Chadash 677:1; Teshuvos v'Hanhagos 1:394; Yalkut Yosef Moadim: Achsanai b'Chanukah 1; Piskei Teshuvos 676:5)

Have a great day,
Mordechai

Wednesday, November 27, 2013

Lighting at a Chanukah Party

Hi,

May I light the chanukiah at my family's Chanukah party?

One may not light at a Chanukah party located in another person's house. One who will return home after traffic outside his house has ceased should light before going to the party, after plag haminchah (3:45 PM in Thornhill at the start of Chanukah this year), assuming the chanukiah will remain lit until more than 30 minutes after the stars emerge.

If the above solution is not possible, one should  have someone light in his home at the proper time, or one should light after returning from the party, making sure that someone else is awake to see his chanukiah.


(Shulchan Aruch Orach Chaim 677:1; Mishneh Berurah 677:12, 679:2; Rivivot Ephraim 4:163:12, 16, 32)

Have a great day,
Mordechai

Tuesday, November 26, 2013

Standing for Barchu

Hi,

The community stands for Barchu, but some suggest that people may sit down before the chazan responds "Baruch HaShem hamevorach l'olam va'ed."

(Ishei Yisrael 16:28 and footnote 85)

Have a great day,
Mordechai

Monday, November 25, 2013

What if I missed hearing Barchu?

Hi,

One who missed hearing the chazan say "Barchu", but who enters in time to hear the community respond, may respond with them. The only requirement is that 9 members of the minyan must have heard the chazan.

(Mishneh Berurah 57:2)

Have a great day,
Mordechai

Sunday, November 24, 2013

Responding to the chazan: How loud?

Hi,

One should not answer "Barchu", or any berachah [blessing], in a voice that is louder than that of the person who recited the berachah. However, one may do so if it is an attempt to energize others to respond.

(Shulchan Aruch Orach Chaim 124:12; Mishneh Berurah 124:47)

Have a great day,
Mordechai

Saturday, November 23, 2013

New topic: Barchu

Hi,

When the community recites "Barchu" during Shacharit (the morning service), the chazan first calls them to bless Gd, saying "Barchu et Ado-nai hamevorach," and then they bless G-d, saying, "Baruch Ado-nai hamevorach l'olam va'ed." The chazan then repeats the words they used in blessing G-d; the purpose is for him to include himself in the community's blessing, rather than stand apart.

(Mishneh Berurah 57:3)

Have a great day,
Mordechai

Thursday, November 21, 2013

A prohibited transaction

Hi,

A transaction which violates a halachah, such as sale of a Torah scroll for something of lesser sanctity, is still valid. However, it is possible to suggest that where a party to the sale did not know he was breaking the law, he could claim that this was a sale made under a false impression - מקח טעות - and therefore not bringing.

(Pitchei Choshen Kinyanim 1:25-26 and footnote 48)

Have a great day,
Mordechai

Wednesday, November 20, 2013

Backing out immediately

Hi,

Both seller and buyer may back out of a transaction without penalty if they express their retraction within a few seconds [תוך כדי דיבור] of the deal.

(Shulchan Aruch Choshen Mishpat 195:7; Pitchei Choshen Kinyanim 1:20)

Have a great day,
Mordechai

Tuesday, November 19, 2013

Cancelling a transaction

Hi,

Where a transaction has been fully executed, and then both sides agree to retract, the transaction can be reversed, but it cannot be annulled. A new transaction is needed in order to reverse matters.

(Pitchei Choshen, Kinyanim 1:10)

Have a great day,
Mordechai

Monday, November 18, 2013

Witnesses are not necessary

Hi,

A transaction is binding once executed, even without witnesses.

(Shulchan Aruch Choshen Mishpat 189:1)

Have a great day,
Mordechai

Sunday, November 17, 2013

License to renege

Hi,

The consensus of authorities in Jewish law is that in any transaction for which one of the parties has the legal power to back out because they never fully agreed to the deal, the other party is able to back out as well.

(Pitchei Choshen, Kinyanim 1:8)

Have a great day,
Mordechai

Saturday, November 16, 2013

Backing out on one's word

Hi,

A sale is not complete based on verbal commitment alone, without an act of kinyan sealing the transaction. Nonetheless, one should stick by his word; once one has set a price and agreed to a deal, it should be viewed as ethically binding, although some are lenient where market circumstances change to one's great detriment.

(Pitchei Choshen Kinyanim 1:1-3)

Have a great day,
Mordechai

Thursday, November 14, 2013

Berachah on a slider

Hi,

What is the appropriate berachah for a slider eaten as an hors d'oeuvre?

If the dough used to make the bun is kneaded with water, then the correct berachot are hamotzi and birkat hamazon, regardless of the temporary nature of the snack. One who will not eat an egg-sized quantity of bread should not recite "al netilat yadayim" when washing.

If the dough used to make the bun is kneaded primarily with pure fruit juice rather than water, and the flavour of the juice can be tasted in the bun, and one eats this only as a snack, then the berachah beforehand is mezonot, and the berachah afterward is al hamichyah. It may be contended that one should also recite separate berachot for the patty, because the patty is not considered an accessory for the bun.

(Berachos 42a; Shulchan Aruch Orach Chaim 168:7; Shulchan Aruch haRav 168:11; Mishneh Berurah 158:10, 168:33; Aruch haShulchan Orach Chaim 168:24; Shevet haLevi 8:32; Orchos Rabbeinu 59; Piskei Teshuvos 168:10)


Have a great day,
Mordechai 

Wednesday, November 13, 2013

Paying a debt early

Hi,

Within Jewish law, it is assumed that the reason to set a payment date is to benefit the borrower, by protecting him from collection before that date. Therefore, under normal circumstances, a borrower who wishes to pay early is allowed to do so.

However: Where the borrower wishes to pay early because of tax considerations or market factors, such that early payment would harm the lender, then the lender is not obligated to accept the early payment.

(Pitchei Choshen, Halvaah 3:10-11)

Have a great day,
Mordechai

Tuesday, November 12, 2013

While waiting to step out of the amidah

Hi,

If I finish saying shemoneh esreih and the person behind me is not done, so I can't step backward, may I answer kedushah?

One may not pass within seven feet in front of a person who is reciting shemoneh esreih, and so one may not step back from shemoneh esreih if this will bring him into the space of a person reciting shemoneh esreih.

However, one who has completed shemoneh esreih, and is only waiting to step back, may respond to kedushah and to all berachot; some even permit reciting Baruch Hu uBaruch Shmo. Indeed, some views even permit study of Torah at this point.

It is worth noting that if a bench separates you from the person davening behind you, and the back of the bench is more than three feet high and fifteen inches wide, then some authorities permit stepping back from shemoneh esreih. Even without this interruption, some are lenient in a case of need, particularly if the person who is reciting shemoneh esreih is blocking an aisle.

(Shulchan Aruch Orach Chaim 122:1; Mishneh Berurah 122:4; Aruch haShulchan Orach Chaim 102:13; Tzitz Eliezer 9:8:2; Ishei Yisrael 32:20)

Have a great day,
Mordechai

Monday, November 11, 2013

Claiming a debt on Shabbat, Yom Tov or Chol haMoed

Hi,

One may not claim re-payment of a debt on Shabbat or Yom Tov, even where the debt was of food rather than money. However, one may claim it on chol hamoed.

(Pitchei Choshen Halvaah 3:6)

Have a great day,
Mordechai

Sunday, November 10, 2013

Thirty days

Hi,

If a date for re-payment of a debt is not set, the default halachic assumption is that the loan is for a thirty-day period. However, where local practice sets a different default period, this is the period that the lender and borrower should follow.

(Pitchei Choshen Halvaah 3:5, and footnote 12)

Have a great day,
Mordechai

Saturday, November 9, 2013

Claiming a loan early: Exceptions

Hi,

We have said that one may not claim payment of a debt until the time that was set for payment. However, one who sees that the borrower is liquidating his assets may claim early. Also, where a loan is linked to specific conditions, and the borrower fails to meet those conditions, the lender may claim immediate payment of the debt.

(Pitchei Choshen, Halvaah 3:3-4)

Have a great day,
Mordechai

Thursday, November 7, 2013

Claiming a debt early

Hi,

A lender is not permitted to claim a loan before it is due. However, the borrower is not permitted to delay once the loan is due.

(Pitchei Choshen, Halvaah 3:1-2)

Have a great day,
Mordechai

Wednesday, November 6, 2013

The expenses involved in claiming a debt

Hi,

Although we say that a borrower is obligated to pay for expenses in setting up a loan, such as in writing up the loan agreement, a borrower is not obligated to reimburse a lender for expenses incurred in claiming payment of a debt, including in suing him in beit din [rabbinical court].

(Pitchei Choshen, Halvaah 2:41)

Have a great day,
Mordechai


Tuesday, November 5, 2013

Holding a loan document

Hi,

Once a debt is fully re-paid, the lender is not permitted to hold on to the loan document, even where the borrower trusts him and does not demand it, and even where the has lender provided a receipt. We are concerned that keeping the document may lead to inappropriate claims on the borrower in the future.

(Pitchei Choshen, Halvaah 2:39-40)

Have a great day,
Mordechai

Monday, November 4, 2013

Returning a loan document

Hi,

One who borrows money with a document memorializing the loan is not obligated to repay the debt until the document is handed over to him. If the document is not available, the lender must provide a receipt.

(Pitchei Choshen, Halvaah 2:36-37)

Have a great day,
Mordechai

Sunday, November 3, 2013

Sitting down at the shul kiddush

Hi,

Is there a preference for sitting or standing while the Rav recites kiddush at the shul kiddush?

Ideally, one should recite kiddush on behalf of another only when both parties are seated at the same table, in order to establish and define the group that is fulfilling its mitzvah together. This applies to havdalah as well. However, if a group of people gathers in a clearly defined space with intent to perform a mitzvah as one, then standing is acceptable.

In another halachah related to sitting and kiddush, one should sit while reciting al hamichyah after eating cookies or cake, as one does for the berachot of hamotzi and birkat hamazon. This is meant to display respect for the berachah, and to aid concentration. However, one who eats while walking to a destination may stand while reciting the berachah; this is not disrespectful, because the eating itself takes place while standing, and because sitting down for the berachah would cause a distracting delay in the trip.

(Berachot 43a; Tosafot ibid. ho'il; Shulchan Aruch Orach Chaim 167:11, 183:9-10; 184:; 213:1; Mishneh Berurah 271:46; Aruch haShulchan Orach Chaim 271:24. And see Rivivot Ephraim 1:151:6)

Have a great day,
Mordechai

Saturday, November 2, 2013

Stall tactics

Hi,

One who owes money may not use stalling tactics to avoid payment in order to wear down the lender to the point of settling for less.

(Pitchei Choshen Halvaah 2:34, from Shulchan Aruch Choshen Mishpat 12:6)

Have a great day,
Mordechai

Thursday, October 31, 2013

Statute of limitations on a debt

Hi,

There is no statute of limitations on the requirement to re-pay a debt; even where the creditor has given up hope of being repaid, the borrower is obligated to pay back.

(Pitchei Choshen, Halvaah 2:29)

Have a great day,
Mordechai

Wednesday, October 30, 2013

Earmarked aid

Hi,

One who wishes to support an individual may give him a gift with explicit conditions for its use, such as a stipulation that it not be used to re-pay certain debts. Despite the debtor's obligation to re-pay his debt, this money may not be used for that payment.

(Pitchei Choshen, Halvaah 2:28)

Have a great day,
Mordechai

Tuesday, October 29, 2013

Selling sefarim to repay a debt

Hi,

One who owes money is obligated to sell off his non-necessity assets, even including sefarim [religious books] in order to re-pay the debt.

(Pitchei Choshen Halvaah 2:16, 2:20)

Have a great day,
Mordechai

Monday, October 28, 2013

Paying debts vs Giving tzedakah

Hi,

One who owes money should re-pay the debts before giving large amounts to tzedakah, although he should not abandon tzedakah altogether.

(Sefer Chasidim 454, Pitchei Choshen, Halvaah 2:14)

Have a great day,
Mordechai

Sunday, October 27, 2013

Repaying a debt

Hi,

Repaying a debt is a mitzvah.

(Pitchei Choshen Halvaah 2:1)

Have a great day,
Mordechai

Saturday, October 26, 2013

Lending items

Hi,

Just as there is a mitzvah in lending money, so there is a mitzvah in lending items.

(Pitchei Choshen Halvaah 1:19)

Have a great day,
Mordechai

Thursday, October 24, 2013

Verbal commitment to lend

Hi,

A verbal commitment to lend money is binding, due to concern that verbal commitments to perform mitzvot are like vows, and because of the obligation to speak truth from one's heart. However, breaking such a commitment would not lead to liability in court.

(Pitchei Choshen Halvaah 1:16 and footnote 38)

Have a great day,
Mordechai

Wednesday, October 23, 2013

Running up a tab

Hi,

Although lending to those in need is a mitzvah, a store owner is not obligated to let people run up a tab, since this would cripple his business. The store owner should allow some degree of credit for indigent people to enable their survival.

(Pitchei Choshen Halvaah 1:14 and footnote 36)

Have a great day,
Mordechai

Tuesday, October 22, 2013

Opportunity Cost

Hi,

One is not obligated to lend money, if doing so would prevent him from engaging in an immediate investment. However, a wealthy person who is perpetually involved in investments ought not use this as an excuse to avoid aiding others.

(Pitchei Choshen Halvaah 1:10 and footnote 27)

Have a great day,
Mordechai

Monday, October 21, 2013

Micro-lending

Hi,

It's better to issue multiple small loans than one big loan. However, this may not be true where the big loan would meet an individual's total needs, and the small loans would not meed any recipient's total needs.

(Rambam to Pirkei Avot 3:15; Pitchei Choshen, Halvaah 1:8 and footnote 23)

Have a great day,
Mordechai

Sunday, October 20, 2013

Specifying the type of repayment for a loan

Hi,

One who is asked for a loan by someone in need may specify that the payment should not be broken down into very small installments. However, if these small installments would not harm his economic well-being, then he should not insist on this.

(Pitchei Choshen, Halvaah 1:7)

Have a great day,
Mordechai

Saturday, October 19, 2013

Lending without proof

Hi,

One may not lend money without witnesses, a document or a collateral item, lest this lead the borrower to mistakenly deny the loan later.

(Shulchan Aruch Choshen Mishpat 70:1; Pitchei Choshen Halvaah 1:6)

Have a great day,
Mordechai

Thursday, October 17, 2013

Lending to an untrustworthy person

Hi,

One who is approached for a loan, and who knows that the borrower is likely to squander the money and default, should either not lend, or lend money with a collateral. However, one may lend money to a pauper with intent to forgive the loan and let it be tzedakah.

One may not lie and say that he has no funds to lend.

(Sefer Chasidim 426; Shulchan Aruch Choshen Mishpat 97:4; Pitchei Choshen Halvaah 1:5 and footnotes 13-14)

Have a great day,
Mordechai

Wednesday, October 16, 2013

Priority among loan recipients

Hi,

Priority for receiving a loan goes first to the indigent. Among indigent recipients, priority goes first to family, and then to local residents.

(Ahavat Chesed 6; Pitchei Choshen, Halvaah 1:3)

Have a great day,
Mordechai

Tuesday, October 15, 2013

Lending to the wealthy

Hi,

In addition to lending to the indigent, lending to those who are wealthy is also a mitzvah, if they find themselves in a position in which they do not have access to their assets. However, the indigent have precedence.

(Shulchan Aruch Choshen Mishpat 97:1; Pitchei Choshen, Halvaah 1:2)

Have a great day,
Mordechai

Monday, October 14, 2013

The mitzvah of lending

Hi,

Lending money is a mitzvah; it is considered to be greater than the mitzvah of giving tzedakah, where the recipient has not already fallen into a state of needing to receive outright gifts.

(Shulchan Aruch Choshen Mishpat 97:1; Pitchei Choshen Halvaah 1:1)

Have a great day,
Mordechai

Sunday, October 13, 2013

Amirah l'Akum, Part 14

Hi,

We have been learning about Amirah l'Akum, asking a non-Jew to perform Shabbat work that a Jew may not perform.

One may ask a non-Jew to perform a rabbinically prohibited act on Shabbat, for the sake of a mitzvah.

(Aruch haShulchan Orach Chaim 307:17-18)

Have a great day,
Mordechai

Saturday, October 12, 2013

Amirah l'Nochri, Part 13

Hi,

We have been learning about Amirah l'Nochri, asking a non-Jew to do things on Shabbat that a Jew may not do personally.

We have said one may not hint to a non-Jew regarding a biblically prohibited practice on Shabbat, but some authorities permit a hint that does not actually mention the prohibited act.

For example: One could not say, "Why haven't you opened that package," because then one has actually mentioned the prohibited action. One could, though, say, "I can't read this letter, because the package is sealed."

This may seem like semantics, but it's not: The prohibition against telling the non-Jew to do the action stems, in part, from a prohibition against speaking of non-Shabbat activities on Shabbat, and in the latter hint one has not spoken of those activities.

(Aruch haShulchan Orach Chaim 307:14)

Have a great day,
Mordechai

Thursday, October 10, 2013

Amirah l'Nochri, Part 12

Hi,

We have been learning about Amirah l'Nochri, asking a non-Jew to do things on Shabbat that a Jew may not do personally.

A Jew may ask a non-Jew during the week, 'Why didn't you do X last Shabbat?' even though the non-Jew will then understand that it is desired of him the following Shabbat, because, as we have already noted, hinting during the week is permitted.

(Aruch haShulchan Orach Chaim 307:12)

Have a great day,
Mordechai

Wednesday, October 9, 2013

Amirah l'Nochri, Part 11

Hi,

We have been learning about Amirah l'Nochri, the prohibition against asking a non-Jew to perform an act on Shabbat that one may not perform personally.

One may not a non-Jew to perform work after Shabbat is over, but one may say to him [as one may say to a Jew], 'I need to meet with you tonight,' or a similar form of language that does not specify anything one could not do on Shabbat itself.

(Aruch haShulchan Orach Chaim 307:20)

Have a great day,
Mordechai

Tuesday, October 8, 2013

Amirah l'Nochri, Part 10

Hi,

We have been learning about Amirah l'Nochri, asking a non-Jew to perform work on Shabbat that a Jew may not do personally.

Although one may not hint to a non-Jew on Shabbat to perform biblically prohibited work on Shabbat (unless in an exceptional case, such as that of great pain or loss), one may hint to a non-Jew before Shabbat, so that he will understand what to do on Shabbat itself.

(Aruch haShulchan Orach Chaim 307:12-14)

Have a great day,
Mordechai

Monday, October 7, 2013

Amirah l'Nochri, Part 9

Hi,

We have been learning about Amirah l'Nochri, asking a non-Jew to perform acts on Shabbat that a Jew may not do personally.

One may not perform Amirah l'Nochri even before Shabbat, asking a non-Jew before Shabbat starts to perform a biblically prohibited task on Shabbat itself.

(Aruch haShulchan Orach Chaim 243:4)

Have a great day,
Mordechai

Sunday, October 6, 2013

Amirah l'Nochri, Part 8

Hi,
 
We have been learning about Amirah l'Nochri, the practice of asking a non-Jew to do things on Shabbat that a Jew is personally prohibited from doing.
 
If a non-Jew, on his own initiative, performs a biblically prohibited act in a Jew's house on Shabbat specifically to benefit the Jew, such as turning on a light, the Jew is not required to leave his own house. However, he must ask the non-Jew not to do it in the future, and he must not do things that take specific advantage of that act, such as reading by that light.
 
(Aruch haShulchan Orach Chaim 276:4)
 
Have a great day,
Mordechai


Saturday, October 5, 2013

Amirah l'Nochri, Part 7

Hi,

We have been learning about Amirah l'Nochri, the practice of asking a non-Jew to perform acts on Shabbat that a Jew may not do personally.

If a non-Jew performs an action for his own benefit, such as lighting a fire for his own heat or light, a Jew may benefit from that action as well.

This was the standard "Shabbos goy" practice in Europe - A Jew would invite a non-Jew to come over Friday night, and the non-Jew would enter, feel cold, and light the oven for his own warmth, thereby warming the Jew as well. Of course, the non-Jew would stay for a while, enjoying the warmth.

(Aruch haShulchan, Orach Chaim 276:9)

Have a great day,
Mordechai


Thursday, October 3, 2013

Amirah l'Nochri, Part 6

Hi,
 
We have been learning about Amirah l'Nochri, asking a non-Jew to perform work on Shabbat that a Jew may not perform personally.
 
One may allow a non-Jew to perform work for a Jew on Shabbat, even in a public area, if:
 
(a) If that work is rabbinically prohibited rather than biblically prohibited, and
(b) The work is needed to prevent pain or loss, or for the sake of a mitzvah.
 
(Shulchan Aruch, Orach Chaim 243-245)
 
Have a great day,
Mordechai


Wednesday, October 2, 2013

Amirah l'Nochri, Part 5

Hi,

We have been learning about Amirah l'Nochri, the practice of asking a non-Jew to do things on Shabbat that a Jew may not do personally.

We have said that a Jew may hire a non-Jew to do work without specifying when the work should be done, and then allow the non-Jew to take the initiative and do that work on Shabbat. However, that is true only if onlookers will automatically understand that the work is being done in that manner. If people might suspect that the Jew is paying the non-Jew to work on Shabbat specifically, then one may not allow the non-Jew to do that work on Shabbat.

(Aruch haShulchan Orach Chaim 243:10-15)


Have a great day,
Mordechai

Tuesday, October 1, 2013

Amirah l'Nochri, Part 4

Hi,

We have been learning about Amirah l'Nochri, the act of asking a non-Jew to do things on Shabbat that a Jew may not do himself.

If a non-Jew performs such work on his own initiative, benefitng the Jew, and it is for the non-Jew's own benefit as well, then the Jew need not protest.

For example - If a Jew gives a non-Jewish laundromat clothing to be laundered, and does not request that the work be done on Shabbat specifically, and the non-Jew does it on Shabbat because that's when it's convenient for him, there is no problem.

(Aruch haShulchan Orach Chaim 243:6)

Have a great day,
Mordechai

Monday, September 30, 2013

Amirah l'Nochri, Part 3

Hi,
 
We have been learning about Amirah l'Nochri, asking a non-Jew to do work that a Jew may not do on Shabbat.
 
We have already said that a Jew may not ask a non-Jew to do prohibited work for him on Shabbat, and may not benefit from such work until after Shabbat, when such time has elapsed that it could have been done after Shabbat.
 
In addition: If a non-Jew does such work for a Jew on his own initiative, the Jew also may not benefit.
 
 (Aruch haShulchan Orach Chaim 243:5)
 
Have a great day,
Mordechai


Sunday, September 29, 2013

Amirah l'Nochri, Part 2

Hi,

We have begun to learn about Amirah l'Nochri, asking a non-Jew to do things on Shabbat that a Jew may not do. We said yesterday that there is a rabbinic prohibition against Amirah l'Nochri.

If a Jew did this anyway, then the Jew may not benefit from the non-Jew's actions on Shabbat. He must wait until after Shabbat, and until enough post-Shabbat time has elapsed that the work could have been done after Shabbat altogether. This is a penalty, meant to remove all benefit from his violation - now he might as well have had the work done after Shabbat altogether.

(Rambam, Laws of Shabbat 6:8; Aruch haShulchan Orach Chaim 243:5)

Have a great day,
Mordechai


Saturday, September 28, 2013

Amirah l'Nochri, Part 1

Hi,

A Jew may not perform certain tasks on Shabbat. May a Jew ask a non-Jew to perform those tasks on Shabbat?

This is the issue called "Amirah l'nochri", which translates to, "Speaking to an outsider," meaning, telling a non-Jew to do those tasks that the Jew may not do personally on Shabbat. It is also called "Amirah l'akum".

In general, although this will require some clarification, it is understood that Amirah l'Nochri on Shabbat is rabbinically prohibited.

(Aruch haShulchan, Orach Chaim 243:4)

Have a great day,
Mordechai

Tuesday, September 24, 2013

Preventing loss on chol hamoed

Hi,

In general, business is prohibited on Chol haMoed (the intermediate Days of holidays); commerce is stressful, and it takes away from one's concentration on the holiday. However, one may engage in business for the sake of preventing loss of existing assets (as opposed to taking advantage of an opportunity for profit).

The same is true regarding taking care of one's property. Thus one may water plants, if the alternative is that they will die.

However, even when engaging in such licensed activity, one must do it in a manner which will not involve great strain.

(Code of Jewish Law Orach Chaim 537:1-2)

מועדים לשמחה,
Mordechai

Monday, September 23, 2013

Laundry on chol hamoed

Hi,
We care a great deal about setting the proper tone for holidays, to the
point that the sages created certain decrees to ensure that we would
prepare appropriately before the holiday.

One may not do laundry on Chol haMoed (the middle days of the holiday). This law is intended to encourage people to do laundry before the holiday, so that they then enter the holiday with a clean home and with clean clothes. Similarly, one is not to take a haircut during Chol haMoed - one should enter the holiday well-groomed.

There are exceptions to the rule prohibiting laundry. The major exception is for clothing which will not last 8 days, so that laundering everything right before Yom Tov will not help. Example: Cloth diapers, or other baby clothing which gets dirty with similar frequency. One must still launder as much as possible before the holiday, but in the event of need one may launder it during Chol haMoed, too. One should do so in private.

(Code of Jewish Law Orach Chaim 534:1; Mishneh Berurah 534:7)

מועדים לשמחה,
Mordechai

Sunday, September 22, 2013

Gardening on chol hamoed

Hi,

One may not prepare a garden for seeding or planting on chol hamoed, and one may not prune a tree on chol hamoed.

(Shulchan Aruch Orach Chaim 537:10-11)

מועדים לשמחה,
Mordechai

Saturday, September 21, 2013

Building a succah during chol hamoed

Hi,

One who did not build a succah before Succot may build it on chol hamoed. However, ideally, it should be done in an amateur [but safe!] way, rather than professionally, to honour chol hamoed.

(Shulchan Aruch Orach Chaim 637:1; Shemirat Shabbat k'Hilchatah 67)

מועדים לשמחה,
Mordechai

Tuesday, September 17, 2013

Dismantling a Succah

Hi,

I am leaving town for the last days of Succos; may I dismantle my succah during chol hamoed?

There are three concerns involved in dismantling a succah on chol hamoed:
  1. Performing labour during chol hamoed for a non-Yom Tov purpose;
  2. Degrading the sanctity of the succah materials;
  3. The possibility that one might need the succah again.

Because of these concerns, we do not dismantle a succah on chol hamoed. However, one may dismantle a succah if its materials are needed for another succah at one's destination. Also, one may remove succah decorations if he is concerned that they might be damaged before his return.

What if one needs to build a succah during chol hamoed for temporary use, e.g. camping? One should declare before building the succah that he intends to dismantle it during chol hamoed. However, even in such a case one may dismantle it only in an amateur way, lest he violate the prohibition against performing labour during chol hamoed, and one may dismantle only after it is clear that he will not need it again.


(Shoel uMeishiv IV 3:28; Shemirat Shabbat k'Hilchatah 67:footnote 177; Piskei Teshuvos 637:1, 638:3; Chevel Nachalaso 4:16)

Have a wonderful Yom Tov,
Mordechai

Monday, September 16, 2013

Minhagim from home

Hi,

A yeshiva student whose family customs differ from those of the yeshiva should follow the yeshiva's customs when at the yeshiva.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:75)

פתקא טבא,
Mordechai

Sunday, September 15, 2013

Matching up torn pages on Shabbos

Hi,

If a page in a book is torn, one may align the two parts on Shabbos in reading the book; this is not called writing, and separating the parts is not called erasing.

However, one may not align the two parts if there is a particular letter which is split, and which would not be readable without aligning the parts.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:75)

פתקא טבא,
Mordechai

Saturday, September 14, 2013

Lighting from a burner on Yom Tov

Hi,

One may light a match by touching it to an electric burner on Yom Tov, if the electric burner is currently glowing red. This is equivalent to lighting a fire from an existing flame.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:75)

פתקא טבא,
Mordechai

Thursday, September 12, 2013

Addictive transgressions

Hi,

"Five behaviours draw a person perpetually, and separating from them is difficult. Therefore, one must be careful of them, lest he become attached to them. All of them involve very bad traits. They are:

"Tale-bearing;
Speaking harmfully of others;
Anger;
Thinking negatively of others [and as some explain, plotting to harm them];
Joining the wicked, such that one learns from his deeds and they are engraved upon his heart…"

(Rambam, Mishneh Torah, Laws of Repentance 4:5)

גמר חתימה טובה,

Mordechai

Wednesday, September 11, 2013

Activities people don't think of as transgressions

Hi,

There are five activities for which people are not likely to repent, because people do not view them as transgressions:

1. Participating a meal when the host does not have enough for himself; people believe this is fine because they have the host's permission. This is quasi-theft;

2. Using a pauper's collateral, which the pauper needs;

3. Gazing at someone with whom sexual relations are prohibited;

4. Receiving honour by looking good in comparison with someone else, causing the other one to be disgraced and embarrassed;

5. Suspecting those who are innocent of wrongdoing.

(Rambam, Mishneh Torah, Laws of Repentance 4:4)

גמר חתימה טובה,

Mordechai

Tuesday, September 10, 2013

Impossible to make whole

Hi,

Five actions make full repentance impossible, according to Rambam, because one will not be able to make it up to the individual he has harmed:

1. Cursing a group of people, as opposed to a particular, known individual;

2. Taking part in a thief's spoils, so that one doesn't know who the victim was, and one encourages the thief further;

3. Finding a lost object of unknown ownership and failing to announce it;

4. Eating the property of paupers, orphans and widows, who are not known and who often wander from place to place, so that one will not be able to find them and make it up;

5. Accepting a bribe to warp justice, so that one does not know the full impact of his deed and one encourages the briber to continue this practice.

(Rambam, Mishneh Torah, Laws of Repentance 4:3)

גמר חתימה טובה,

Mordechai

Monday, September 9, 2013

Obstructions for repentance

Hi,

Five behaviours obstruct the paths of repentance:

1. Separating from the community, since then one won't participate in the community's merit when he tries to repent;
2. Engaging in strife against sages, since one won't then consult with them for guidance regarding repentance;
3. Mocking mitzvot, since he won't pursue that which he degrades;
4. Mocking his Torah mentors, since that will cause them to reject him;
5. Hating the instructions given to him by others, for then he won't be embarrassed and he won't change his ways.


(Rambam, Mishneh Torah, Laws of Repentance 4:2)

גמר חתימה טובה,
Mordechai

Sunday, September 8, 2013

Four great sins

Hi,

Four sins are so great that "Gd will not provide a person with the means for repentance, due to the gravity of his sin."

These are:
One who causes the masses to sin, or to desist from a mitzvah;
One who leads someone from a good path to a bad one;
One who sees his child, or anyone he could inflence, going to a bad path, and does not protest;
One who says, 'I will sin and repent', or 'I will sin and Yom Kippur will atone.'

(Rambam, Mishneh Torah, Laws of Repentance 4:1)

גמר חתימה טובה,

Mordechai

Saturday, September 7, 2013

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

Tuesday, September 3, 2013

Inducing labor

Hi,

Giving birth is considered a dangerous experience; therefore, one may not induce labor, whether for a non-surgical delivery or a surgical delivery, unless doctors feel that waiting would itself be dangerous.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:74)

כתיבה וחתימה טובה,
Mordechai

Monday, September 2, 2013

Counting a day's doubtful niddah separation toward the five days

Hi,

First, a personal request: I would like to take a moment to ask everyone receiving this email feed for mechilah (forgiveness) for anything hurtful or offensive I wrote, or should have written and did not, in the past year. I know that people's sensitivities are varied, but I am not always as careful as I could be. If there was anything at all, please do let me know. I can grow by learning from my mistakes.

A couple separates from sexual contact when the wife enters a niddah state. First they separate for a period of at least five days, until the wife determines that the flow of blood has halted. After that they remain separate for an additional seven days, a period during which the wife determines that the flow of blood has not resumed at all. [Why this is so is worthy of extensive discussion, but not in a brief email.]

If a wife found a ketem that she thought might have been blood, and the couple separated out of doubt, and then she started to bleed on the following day, then the first day's separation counts toward the initial set of five days. If, however, they separated because of the original doubt, and then they determined that the ketem was not blood, then that first day's separation does not count.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:68)

May we be inscribed and sealed for a great year,

Mordechai

Sunday, September 1, 2013

Loans with interest

Hi,

Taking out a loan on which one will be obligated to pay interest is prohibited, and this transgression is independent of the transgression performed when paying the actual interest.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:65)

Have a great day,
Mordechai

Saturday, August 31, 2013

Corporations and interest

Hi,

The prohibition against borrowing money with interest payments does not apply if the borrower is actually a corporation, assuming that the individual members of the corporation are legally shielded from becoming personally liable for re-payment of the debt.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:62)

כתיבה וחתימה טובה,
Mordechai

Thursday, August 29, 2013

Dangerous surgery

Hi,

[There is a lot to say here, and this responsum only begins to address it, but I thought it still worth bringing here:]

In a situation in which doctors believe that a patient will die in a short time [Rabbi Feinstein does not define 'short' here], the patient may pursue a dangerous surgery even if the odds given for its success are less than 50%.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:58)

Have a good day,
Mordechai

Wednesday, August 28, 2013

Church music

Hello,

[Please see the disclaimer atop this blog; I am aware that there are other views, besides that of Rav Moshe, in this matter.]

A Jew may not listen to music used in church services, whether it is in contemporary use or not. Listening is, at least, an action which could tempt a person to participate in such services; singing along could actually constitute a violation of biblical law.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:56)

Have a great day,
Mordechai

Tuesday, August 27, 2013

Sculpting forms of animals

Hi,

A Jew may sculpt forms of animals for aesthetic purposes, and keep such forms; an example would be the eagle found atop the pole of many American flags.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:55)

Have a great day,
Mordechai

Monday, August 26, 2013

Relying on the Rabbi's eruv tavshilin

Hi,

I know that the Rabbi makes an eruv tavshilin and includes those who have forgotten to prepare one themselves. May I choose to rely on the Rabbi's eruv tavshilin from the outset?

The sage Shemuel once disqualified someone from relying on his eruv tavshilin, apparently because that person had repeatedly failed to prepare his own eruv tavshilin. There is some debate as to whether this was Shemuel's unique stance, or whether this disqualification is inherent in the laws of eruv tavshilin.

In practice, all agree that each household should set up its own eruv tavshilin, and not rely on another person having them in mind. Further, many halachic authorities write that one who intentionally skips preparing his own eruv tavshilin is not able to rely on the eruv tavshilin of the Rabbi.

One whose eruv tavshilin is eaten or goes bad before Friday may rely on the Rabbi's eruv tavshilin.


(Beitzah 16b; Rashi ibid l'didach assur; Rosh Beitzah 2:2; Rashba 1:683; Kol Bo 59; Shulchan Aruch Orach Chaim 527:7-8)

Have a great day,
Mordechai

Sunday, August 25, 2013

A durable eruv tavshilin?

Hi,

This year, we will need an eruv tavshilin for Rosh haShanah, the start of Succos, and Shemini Atzeres. May I create one eruv tavshilin and keep it through all three occasions?

In the Talmud, Rava explains that an eruv tavshilin ensures that we will have good food for the Shabbos following Yom Tov. Another sage, Rav Ashi, contends that an eruv tavshilin reminds people not to use Yom Tov to prepare for a weekday. Rava requires a new eruv tavshilin for each occasion, but Rav Ashi would permit us to recycle an eruv tavshilin.

In practice, we avoid relying on Rav Ashi's view; even one who sets up an eruv tavshilin with intent to re-use it should still set up a new one [without a berachah] for the following occasion. However, one who sets up an eruv tavshilin with intent to re-use it, and then forgets to set up a new one, may rely on Rav Ashi's view.

It is considered appropriate to eat the eruv tavshilin on Shabbos, especially within Rava's view. Some prefer to use the bread at seudah shlishis.

(Beitzah 15b; Rosh Beitzah 2:1; Kol Bo 59; Shulchan Aruch Orach Chaim 527:14; Mishneh Berurah 527:45; Shemirat Shabbat k'Hilchatah 2:13)



Have a great day,
Mordechai

Saturday, August 24, 2013

Making a statue

Hello,

A Jew is not permitted to make a statue of a human being, even if it is done solely for aesthetic purposes.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:54)

Have a great day,
Mordechai

Thursday, August 22, 2013

Temperature for wine to be considered "mevushal"

Hello,

Due to a rabbinic prohibition intended to encourage intramarriage by limiting Jews' ability to socialize with non-Jews, wine which is handled by people who are not Jewish is not kosher. However, due to reasons beyond the scope of this email, wine which was heated to a certain level before any prohibited contact does not lose its kosher status; this wine is called "yayin mevushal".

The temperature wine must reach in order to be termed mevushal is the one termed yad soledet bo, which is certainly achieved by 175 degrees Fahrenheit. For those who require that the heating process diminish the volume of wine, this is certainly achieved at that temperature.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:52)

Have a great day,
Mordechai

Wednesday, August 21, 2013

Gloves and Non-mevushal Wine

Hi,

Due to a rabbinic prohibition intended to encourage intramarriage by limiting Jews' ability to socialize with non-Jews, wine which is handled by people who are not Jewish is not kosher. However, due to reasons beyond the scope of this email, wine which has been boiled does not lose its kosher status; this wine is called "yayin mevushal".

Wearing gloves does not help regarding handling wine which is not mevushal.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:51)

Have a great day,
Mordechai

Tuesday, August 20, 2013

Giving a smoker a match

Hi,

Giving a smoker a match does not violate the prohibition against causing the blind to stumble, even if one personally believes smoking to be dangerous. This is because many people have smoked and have not experienced harm.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:49)

[Note: Please see the disclaimer atop this blog - this is one view, and there are others. But I did not bring this responsum in order to court controversy. Rather, I think it is worth recognizing within Rav Moshe's words the following two points: 1) If research would reveal an overwhelmingly large risk, then the prohitibition would apply. 2) Also, if research would be able to identify which people are not at risk and which people are, then offering a match to a person who is in the "at risk" category would violate this prohibition.]

Have a great day,
Mordechai

Monday, August 19, 2013

Kashering porcelain

Hi,

Expensive porcelain dishes which have not been used in more than 12 months may be kashered via three successive acts of hagalah, in a case in which this will aid people in becoming observant of kashrut.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:46)

Have a great day,
Mordechai

Sunday, August 18, 2013

Civil Marriage

Hi,

[This case is not as practical as the ones I usually cite, but the lesson is important.]

In a case  in which a couple received a civil divorce but not a Jewish divorce, and then they wish to remain together but they do not want to have a secular official "marry" them civilly, a rabbi may not perform a Jewish wedding for them. The concern is lest people think that the civil divorce constituted a valid Jewish divorce as well.

A rabbi may fill out their marriage license, with witnesses; it is only the religious ceremony that we avoid.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:44)

Have a great day,
Mordechai

Saturday, August 17, 2013

Who is trustworthy?

Hi,

In the Jewish legal system, we only trust someone for matters of Jewish law if that individually is personally observant of Jewish law. [There are nuances in cases in which an individual violates only particular laws, or violates Jewish law only in private.]

Theoretically, one could trust someone who was not personally observant of Jewish law, if one knew through long-term experience with this person that he never lied, regardless of his own good. However, this would require intimate knowledge of the person over an extended period of time, with recent information as well as knowledge of his behaviour in the past.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:43)

Have a great day,
Mordechai

Thursday, August 15, 2013

Re-starting a religious practice

Hi,

[Jewish law prohibits eating the gid hanasheh, a neurovascular bundle found in the hindquarters of an animal.]

In a community where the hindquarters of animals have been sold to non-Jews for generations, rather than expend the effort to remove the gid hanasheh, one who needs the hindquarters would be permitted to bring in a certified expert to remove the gid hanasheh. The non-practice does not constitute a minhag, and doing so could increase the number of Jews who opt for kosher meat over non-kosher meat.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:42)

Have a great day,
Mordechai

Wednesday, August 14, 2013

Oversight of sin

Hi,

One may not appoint a mashgiach [kashrut supervisor] for a food production facility in which a particular process requires a Jew to violate Jewish law, even where the end result will be a kosher product. Assigning a mashgiach there would give the false impression of approving the violation of Jewish law, and so violate the lifnei iver prohibition against causing the blind to stumble.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:41)

Have a great day,
Mordechai

Tuesday, August 13, 2013

Was the manufacturer Jewish?

Hi,

Where food utensils are purchased from a Jewish-owned store, but one isn't certain whether they were produced by Jews, one should immerse them in a mikvah without a berachah. However, where the material [like glass] is such that immersion is only required rabbinically in the first place, and one cannot ascertain whether the manufacturer was Jewish, and there are great obstacles to immersion, then immersion is not required.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:40)

Have a great day,
Mordechai

Monday, August 12, 2013

Re-using a jar or bottle

Hi,

When a factory produces and markets a bottled drink or food in a container, the essence is the drink or food, and the container is subsidiary and not viewed as having any sort of independent existence. Therefore, a Jew who purchases such a product and then decides to re-use the container is said to be creating the container, and no immersion of the container in a mikvah would be required.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:4)

[Note that I am not sure whether this would apply to containers which the company sought to re-claim for cleaning and re-use. Also note the disclaimer atop this blog; this is Rav Moshe's view, but prominent others disagree.]

Have a great day,
Mordechai

Sunday, August 11, 2013

Tevilah of government property

Hi,

Food utensils which a Jew acquires from government ownership require immersion in a mikvah, where the general population is not Jewish.

[I believe this is Rav Moshe's intent. I don't think he can be talking about Jewish use of a utensil while it is still government-owned, as in the case of a Communist society.]

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:39)

Have a great day,
Mordechai

Saturday, August 10, 2013

Two belts

Hi,

One may not wear a second belt, in addition to his pants, when walking in a public area without an eruv on Shabbat. One may only do so when the belt is needed for his garb while walking.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:35)

Have a great day,
Mordechai

Thursday, August 8, 2013

Running hot water on Shabbat

Hi,

One may not run hot water on Shabbat, if this will cause cold water to enter the boiler and be heated. Doing so might even be considered intentionally heating the water that enters, since if the water wouldn't enter, he wouldn't have hot water later.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:33)

Have a great day,
Mordechai

Wednesday, August 7, 2013

Bagels and bishul akum



Hi,

Bagels which are boiled and then baked are not subject to the laws of bishul akum, only the laws of pat akum, despite their boiling. This is because the boiling does not bring the dough to edibility.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:33)

Have a great day,
Mordechai

Tuesday, August 6, 2013

Ice Cream Emulsifiers

Hello,

Ice cream produced with a non-kosher emulsifier is itself non-kosher. Where a non-kosher emulsifier was already used, and its non-kosher status was a result of rabbinic law rather than biblical law, then there may be room to permit the resulting ice cream - but one could not utilize this to permit doing so ab initio.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:32)

Have a great day,
Mordechai

Monday, August 5, 2013

Hypnosis in halachah

Hi,

Hypnotism works through natural means on the body's nervous system; therefore, it is not considered any form of "magic", and one may practice it. Whether it works for particular purposes is another matter.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:29 [end])

Have a great day,
Mordechai

Sunday, August 4, 2013

Animal gelatin

Hi,

Gelatin derived from the hides of kosher animals is not considered "meat" in Jewish law, and may be used with dairy products.

(Rav Moshe Feinstein, Igrot Moshe Yoreh Deah 2:27)

Have a great day,
Mordechai