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

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

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

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

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

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

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

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

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

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

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

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

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

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 

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

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

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

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

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

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

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

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

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

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

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