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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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