Author: Moshe Taub

  • AI & the Future of Psak Halacha

    AI & the Future of Psak Halacha

    ChatGPT and Virtual Rabbis

    August, 2023

    Rabbi Moshe Taub

    “But Rabbi, that’s not what it says in this book!”

    One of the toughest challenges of modern-day rabbanus is convincing a member of one’s kehillah that what he read in an English halachah sefer doesn’t apply in his case, or that he misread it, or that it is not a universally held opinion.

    If a human author can engender such resistance, imagine how greatly that resistance is magnified if a person’s research is computer-generated!

    A few years ago, Dr. Eli Shapiro, a well-known social worker and psychologist and the founder of the Digital Citizenship Project, told me that he had met with gedolim and expressed concern about AI and its abuse in the realm of limud haTorah.

    I scoffed at this, not believing it could ever occur. I was very wrong.

    AI technology has developed rapidly over the past few years and is now often used very successfully—for research, composing letters and pro-forma documents, and for many other purposes.

    But some, to their peril, are mistakenly relying on it for psak halachah.

    Using AI to find a Chazal is one thing. But using it to delve into the actual chochmah of Torah, the nuances of halachah, or the art of being medameh milsa l’milsa (making comparisons) would be impossible for any algorithm, even one utilizing quantum computing.

    As with emotions, Hashem granted living beings capacities that are inaccessible to synthetic beings.

    A glorified search engine, AI is saddled with the following eight frightening flaws:

    1. It lacks a true understanding or consciousness due it not having true comprehension. This generates responses based solely on data patterns.

    2. It speaks with false confidence.

    3. Its context gaps are well-documented.

    4. Without lived experience, its empathy and judgment can only be imitated.

    5. Its training data bias is well-documented.

    6. Its handicap in deep originality is well-studied.

    7. It can’t gain insight or reflection over time.

    8. It lacks the ability to foresee consequences.

    For the reader who disagrees with all or part of this list, there is a tautological twist:

    This list of flaws comes from AI itself!

    This List Came From ChatGPT!

    I asked it, “What are your flaws?”

    After sharing them, it concluded, “Want to hear my strengths, too—or do you prefer me to stay humble?”

    Nevertheless, to the uninformed, the AI’s marei mekomos and confident explanation of concepts may offer a false sense of security. It’s like trusting a certain news service—until they write about your industry or a field you’re familiar with. Trust talmidei chachamim when they tell you to stay away!

    I decided to try an experiment. I asked several knowledgeable people a complex sh’eilah, and then I asked AI. Most of the people answered this tricky sh’eilah correctly—but AI did not.

    I can see how some people would be impressed by its glib use of halachic terms and sources, but it made crucial halachicerrors. See if you can catch them.

    What follows is our “conversation”:

    MT:

    What is the halachah in the following case?

    Dovid’s wife’s pen is on the counter, so he places where his wife keeps it—in a drawer with non-muktzah items. That Shabbos, their guest, Yankel, needs a toothpick for food lodged in his braces. Although they do not have toothpicks, Dovid remembers that in that same miscellaneous drawer that is a unique butter knife that would dislodge this food. (The guest could technically use a napkin instead, although it would be more arduous.) May Dovid retrieve this knife from the drawer?

    AI:

    This case involves the laws of muktzah and bosis. Let’s analyze it step by step:

    Is the drawer a bosis (bosis l’davar ha’assur) …

    The pen is muktzah (machmas chesron kis) ….

    …Here, the pen was placed in the drawer before Shabbos and was intended to remain there throughout Shabbos. This generally makes the drawer a bosis for the pen.

    Since there is also a butter knife (which is not muktzah) in the drawer, the status of the drawer as a bosis may be negated if the non-muktzah item was also intentionally placed there before Shabbos…Additionally, the presence of a non-muktzah item does not automatically negate the bosis…

    …If the drawer were needed for its own use (l’tzorech gufo), that would not permit moving it…

    However, since Yankel can use a napkin instead (even though it is less effective), it is not considered tzorech mekomo in a way that overrides the bosis status.

    Conclusion: Since the drawer is a bosis for the muktzah pen, and since the need for the butter knife is not at a sha’as hadchak or kavod habriyos level, one should not open the drawer on Shabbos. Instead, Yankel should use the napkin as an alternative solution.

    MT:

    You made many crucial errors.

    1. A pen—unless it has been stated that it is not used during weekdays because of its preciousness—is a kli shemelachto l’issur and not a chesron kis (valuable item).

    2. Even it were a chesron kis, that type of muktzah can’t be moved l’gufo or mekomo. Only a kli shemelachto l’issur can be moved in that case.

    3. The Mishnah Brurah and all poskim agree that when a muktzah item may be moved due to mekomo, because its place is needed (e.g., a kli shemelachto l’issur), one may do so even if there is an alternative (308:12).

    4. It would seem that this drawer is a bosis for a kli shemelachto l’issur, but I can still open it to get the butter knife because I need the makom.

    AI: You’re absolutely right on these points. Let’s go through it again…

    Even if the drawer is considered a bosis, it is a bosis for a kli shemelachto l’issur, not for something totally muktzah.

    The halachah (Shulchan Aruch Orach Chaim 308:3, Mishnah Brurah 308:12) states that a kli shemelachto l’issur may be moved l’tzorech gufo (for a permitted use) or l’tzorech mekomo (if one needs the space it occupies)…

    Therefore, it is permitted to open the drawer to retrieve the butter knife.

    MT:

    Shouldn’t you automatically end all halachic queries with something like this: “Halachah is a serious matter of law, a search for divrei Elokim Chaim. Its many nuances can be missed even by the way a sh’eilah is presented. Moreover, only a rabbi would ask the right follow-up question or point out crucial details that the questioner mistakenly thought to be irrelevant. We therefore urge you to take this response to a competent halachic authority.”

    AI:

    That’s a solid point, and it’s generally a good practice to emphasize that halachic discussions can have nuances that require a posek’s guidance. I’ll make sure to include a disclaimer like that when discussing practical psak halachah. For example: “Halachah is complex, and many details can affect the final ruling. Consult a competent halachic authority to ensure all relevant factors are considered.”

    Would you like me to always include this, or only in cases where the issue is particularly intricate or practical in nature?

    MT: Always.

    My goal for this prompt was to protect others from michshol, but it failed. A minute later, I tested it with my second—and hopefully last—AI sh’eilah. The promised prompt was absent.

    The Bartenura explains that when Chazal say, “Aseh lecha rav, make for yourself a rabbi” (Avos, 1:6), it is urging us to choose one chacham,one rav, and resolve to make him your consistent teacher and guide. Chazal certainly did not mean that we should literally “make” a rav out of binary code that can be modified, adjusted, and manipulated—in complete contradistinction to our unbroken mesorah of Torah miSinai.

     We’re entering a dangerous era, and if AI is used at all, it should only be for inyanei chol. To do otherwise is to feed the beast and create an even more destructive monster.

    Rav Chaim Ozer used to say, “Not every thought should be written, and not everything written should be published, and not everything published should be read…”

    AI reads everything—without discernment, and without understanding of or regard for our halachic and hashkafic concerns. And its indiscriminate collection of data can poison us and our children.

    May Hashem protect His nation and His Torah! ●

  • Swimming on Shabbos?!

    Swimming on Shabbos?!

    Understanding Halacha, Minhag, & Mesorah

    Rabbi Moshe Taub

    August, 2025

       Sometimes the rare issue arises that demands a response; a matter about which I have a responsibility to share, no matter how unworthy I am as an agent; especially when it’s a matter transpiring surreptitiously, out of sight to most. To be clear, while often writing about matters of halacha, I rarely, if ever, focus on controversial topics, unique pesakim, or contentious issues.

    Yet something has been brewing for the past ten years that, in past summers, I dismissed as a matter that would soon disappear and not metastasize.

    I was wrong, as this matter has only gotten worse.

      I will seek now to tackle this issue. I do so with humility, and only lkavod Torah u’lahadira,

        Saliently, some readers may not believe this is really an issue, or will be dismissive of it ever reaching their own community. However, I am testifying from the front lines, that while this may not yet affect your community, it is coming for it…unless we publicize it and nip it in the bud now.

    1. Post Nine Days Swim

        As a child, it felt as if summer only truly begins after Tisha B’av. This is when many yeshivos begin their break, and it is when camps finally re-open their swimming pools.

       The reasoning behind our abstaining from swimming during the Nine Days is not due to our general avoidance from dangerous activities.

      While kayaking, swimming in an unobserved ocean/lake or a wave pool etc. would often fall all under this ‘danger’ concern, simply swimming in a confined and safe pool – especially with lifeguards – would not.

       Rather, our abstention from swimming is derived from our avoidance of rechitza, bathing, during this time. Specifically, pleasurable bathing, whether to relax, luxuriate, or to cool off.

        Therefore, bathing for certain mitzvah needs is allowed.

       Those who swim to relieve arthritis or to aid in their health is also often sanctioned (Nishmas Avraham, 551; cf. Halichos Shlomo, 14:61 regarding stam swimming as exercise where he rules to be strict).

         Rav Avraham Dovid Horwitz (d. 2004) writes how in his youth he once saw the Brisker Rav walking toward the saunas of Switzerland on erev Tisha B’av to bathe in its hot bath. The Brisker Rav explained how this was for his health, and these visit cost him well beyond the worth of a simple hot bath, indicating its value is not one of ‘pleasure’ (shu”t Kinyan Torah, 2:100, pg. 238).

    Beyond its interest, I open with this review to demonstrate that halacha allows for appropriate heterim when it comes to ‘swimming halachos’.

       Swimming on Shabbos, however, is a whole different kettle of fish.

    1. The Shabbos Issue

    Several years ago, we were away for Shabbos and was walking with my wife in the hot, long summer afternoon when we saw frum families carrying bags. We paid no heed, until we realized that they were carrying swimming bags! Later in the day, we saw them returning, laughing and joking with moist towels around their neck.

       We were stunned and were told that certain rabbis in their area allowed backyard swimming on Shabbos.

       I requested the name of the rav and was informed that it was a private psak. Yet, a private psak being used by many…in public!

         When I was a rav in Pesach hotels I noted, albeit rarely, some going to the pool on Shabbos/yom tov. I have it on good authority that this issue had only increased over time, with even some ‘right-leaning’ families enjoying this ‘heter’.

      This became clear just this year when I was invited to speak at a girls high school to give a brief a shiur on the general halachos of Shabbos. During the presentation, I parenthetically cited the basic issur derabanan of swimming on Shabbos (Shulchan Aruch, siman 339:2).

       This caused a gasp and for almost all the hands to shoot up. Some shared that this couldn’t possibly be right since some in their neighborhood(s) swim in their pools on Shabbos!

        One girl even ran out to call her father and confirm that he had indeed asked a rabbi, and not just for a choleh (this rabbi he called was, coincidently, was from that same area we visited above).

    (The reader should note that even in a rare case where some poskim allow non-life-threatening cholim to dip in a pool if needed, they demand it be done in secret, and then overtly state that it’s still forbidden for them to actually swim and delight in the pool! See, e.g. Rav Shternbuch in shu”t Teshuvos Vhanhagos, 1:222).

    1. The Halacha

        I do not wish to belabor the point and overwhelm the reader with mareh mekomos. As we will seek to show, this issue goes beyond sources.

    So that the reader has some clarity, however, a quick primer:

        Chazal issued an injunction against swimming on Shabbos. However, this gezeira does not apply equally to all bodies of water (shabbos 41; see Shulchan Aruch, ibid.). Indeed, there is a strong argument to be made that certain types of home swimming pools would NOT fall under this decree.

    Yet this fact is utterly irrelevant to the final analysis, as there’s a separate, distinct, and clear minhag yisroel, dating back centuries, not to even immerse our body on Shabbos, even in cold water (see, e.g. Mishneh Berrura, 326:24; shu”t Igros Moshe, evh”e 2:13).

      In fact, there are even opinions that women should avoid, on Shabbos, even immersing to become tahor (sh’lo b’zamah)!

    (See Terumas Hadeshen, d. 1460; see Mishneh Berrura ibid.)!

    While we are don’t rule like this latter, stricter view today, it is a stark reminder as to the seriousness of this minhag… that now some wish to dismiss for simple pleasure and to avoid boredom. 

     There’s even an ongoing debate among poskim if men may immerse in a pool to accomplish the important chumrah of tevilas Ezra. The Chazon Ish being against even such immersion!

    While most allow such holy immersions, this is only due to testimony regarding great and holy rebbes as well as litvehsa gedolim, such as the Chofetz Chaim. Who is the gadol today with similarly broad shoulders on which to break down the barrier of stam swimming on Shabbos?!

         Rest assured that the Chazon Ish’s longing for tevilas Ezra far eclipsed one’s desire to race laps with his friends, and yet the Chazon Ish at times avoided it due to this minhag.

     Minhag yisroel is a matter of law, even in cases when the Shulchan Aruch ruled before its creation or acceptance.

    For example, would this same rabbi (if he truly exists) tell aveilim to turn over their beds, etc., as the Shulchan Aruch prescribes, or, would he rather rely on minhag and abstain?

    (I will not here humor the ‘sevara‘ that ‘in our day’ our relationship, need, and commonality with and around all matters of bathing is wholly different than in the days of chazal. This is because anyone familiar with the gemaros regarding the many bathhouse gezeiros in the days of chazal -and how the hoi-polloi tried to skirt them each Shabbos -demonstrates that such assertions are without mighty evidence)

      All of the above is not even to mention the biblical concerns brought about through sunbathing on Shabbos, sechita re: bathing suits, hair, etc. etc. etc.

    Even more, does this rabbi (should he exist) make sure each respondent is aware that in addition to this-now-bypassed minhag, there is an actual halachic decree against swimming on Shabbos in other bodies of water, e.g. lakes, etc.? Rav Moshe Feinstein writes how he feared that if every major metropolis had an eiruv then, chalila, the melacha of carrying could become forgotten, perhaps when on vacation.

    The same is certainly true here, as I can testify from that class visit.

     When Rosh Hashana falls on Shabbos it is silent from shofar, lest one person, at some point in history, once, mistakenly, may transgress Shabbos. Is one’s desire to swim greater than our need for shofar?

    Chalila am I asserting the ability to issue new decrees based on such concerns as they relate to swimming on Shabbos…rather that we lack the power to override existing ones!

         One person minimized this minhag to me (another result from this ‘heter’) by asserting that this minhag against immersion in water was ‘only’ due to ‘zilzul Shabbos‘.

    “That’s so subjective, and leads to capricious and mercurial rulings!”, he argued.

     His is a horrible misunderstanding of the zilzul concept. The Chazon Ish explained that while indeed pragmatic, only the  leaders of each generation may choose how to apply zilzul.

    More, Rav Moshe Feinstein opines that breeching zilzul Shabbos is a Torah violation (oh”c 4:60)!

    [For more on this, see my post: The “Kosher” Shabbos Switch]

    Rav Elyashiv once wrote, “B’dor hayasom hazeh, shetika adif/in our orphaned generation, perhaps silence is best” (Kovetz Teshuvos, vol. 1; teshuva to the Kaliver rebbe in response to his request to add an extra ‘Shema‘ at the end of davening, at least in schools, in memory of the six-million. Even to such a holy request, Rav Elyashiv said ‘shev v’al taaseh adif‘).

    I do not mean to sound sharp or not understanding. Of course, it’s understandable that long summer Shabbos afternoons can be a challenge.

    However, while halachic history may be replete with newer concerns and applications of halacha to modern realities, the method of introducing such novel views is to publish it for the masses to study -as we find in most any field. A psak such as this, meant for the masses yet hidden from colleagues for inspection, is suspect at best, if not initially rejected out-of-hand.

    As to these ling Shabbos afternoons, which can become challenging: the rishonim share how this free time is a gift for recapturing the learning missed during the hard workweek. Instead of being mechanech our children to use auxiliary time for the questioning of the sagacious minhagim of klal yisroel, demonstrate how to surrender to them. Their Ipads are finally down. Talk to them. Go on a walk. Do an activity during which you can converse.

    Or, pull out a Midresh Says instead. 

  • Forced Snitching? May a Rebbe or Teacher Force a Child/Student to Tattle?

    Forced Snitching? May a Rebbe or Teacher Force a Child/Student to Tattle?

    May, 2023

    Snitches and Stiches

    Halachos for Students and their Teachers

       

    I have the zechus to teach and to have taught in a wide variety of schools and yeshivos. Every institution has its own oeuvre, its own flavor.

         Just one example: a few years ago, I joined TAG High School of the Five Towns on their yearly Shabbaton. They rented out Camp Romimu, and my task was to deliver engaging shiurim throughout the Shabbos.

         As we neared the end of Shabbos, the 12th grade had the opprutinty to take part in what is always a fun and informative session: ‘Q&A With Rabbi Taub’. With exceptions of matters that touch on tznius and the like, they can ask anything about Yiddeshkeit. Informal and informative, I always recommend one of these sessions when I am a guest somewhere.

        I’ve done these so many times, I can almost always guess the questions I will be asked, i.e., What is the real story with Maharal and the Golem (we have a true mesorah he created one, but the tale most know was invented about ninety years ago. See Artscroll’s introduction to their retelling)? Is it true that chazal believed in a half man/half fish (see Rashi to Bechoros 8)? Where in the body does the neshama sit (complex-some say it takes the form of the body itself. This would explain stories of the dead speaking to the living, and appearing in the form they once were)? I heard that years ago people were not as strict regarding bugs in produce (the removal of DDT since the late 1960’s has brought a huge return of infestation). The list goes on.

            But that Shabbos was different.

         “If I ate before dinner and then washed, should I say a beracha achronah during the meal, or should I have it mind with bentching? May one wash neggel vasser in a bathroom and make the beracha outside? If I daven maariv a few times, do I need to be mattir neder if I don’t wish to continue every night?

         I was positively shocked! I’ve yet to experience anything like it. Clearly this Beis Yaakov has an impressive heavy focus on orach chaim and halacha. After all, this is the one type of talmud Torah that girls are most certainly obligated in (see Divrei Yoel, y’d, 84 and Mishneh Berrura 187:9; see also Sanhedrin 94b).

         Another shock came a few months ago, at such an event at another school, when a teacher raised her hand with a question.

         A hush rushed over the students. “I have a question that has bothered me for some time: If a teacher knows that a student has information relating to the negative actions of another, can that teacher pressure this student to share the information with staff?”

         Before I get to my response, allow me to share a story.

        Some decades ago, Rav Yaakov Weinberg, the late rosh yeshiva of Ner Yisroel, was invited by his son who was serving as a rav, to give a talk at the local JCC. The talk was subtitled, “The Man Who Can Answer Any Question”. Essentially, it was a Q and A with a gadol b’yisroel.

          The room was packed with Jews from all backgrounds. After his son gave an appropriate introduction, the first question was asked, and it was profound.

         All were silent and anxiously awaiting the response, as Rav Weinberg stepped up to the microphone to reply to this very first question of the evening.

       “What will the ‘man who can answer anything’ say?” they all surely wondered.

         Now close to the microphone, Rav Weinberg leaned in and said, “I don’t know”.

          I always loved this story. Rav Akiva Eiger famously catalogued the dozens of times Rashi uttered that same and critical phrase ‘I don’t know’.

         I mention this story for two reasons. First, the goal of the Q&A’s I’ve hosted was never to impress upon a group that I can answer anything -often the audience knows far more than I! -rather it simply creates an envirement for Torah discussion. Secondly, I mention this story because that is exactly how I answered the teacher: “Good and important question. I don’t know”!

         I told her afterward that I believed Rav Moshe discusses this, but I couldn’t recall what he said. Besides, perhaps this wasn’t the venue for this discussion, as the menahel should set the policy, and the students may take advantage of the answer.

         Here is what Rav Moshe wrote (Ig”m, y’d, 2:103) to a chashuvah rebbe at Eitz Chaim Toronto, Rav Yisroel Yitzchik Cohen, in 1967:

        “Relating to the matter of a teacher saying to students that if they know who committed a certain negative act they should inform the teacher/school -this is a disgusting thing (mechuar hadavar), as it will cuase a weakinig (in the eye’s of the syudents) to lashon harah…”. He goes on to share that although one may speak about the negative actions of the other when certain conditions are met, it doesn’t apply when such speech is decreed upon a student by an authority figure. So, while one should share with a rebbe when they are concerned for the ruchniyos of a classmate, as a general rule this mustn’t be compelled.

       In 1981 (ibid. y’d 4:30) he defends this position when challenged that perhaps this will instill fear in the students not to misbehave, as well as other arguments. Rav Moshe explains that while all this is well and good, we still must not allow one aveira even if it will lead to a benefit. Only when compels oneself to help out someone’s ruchniyos is such matter allowed.

          I shared with the teacher that no matter of one follows this view, or that of another posek, there is a valuable lesson for teachers.

         The Chofetz Chaim rules (1:8;3) that the prohibition of lashon harah applies when talking about children when it could cause them pain. Our talmidim and talmidos are not lab-rats to test theories and new methods on. All mitzvos bein adam l’chaveiro apply to them, whether it’s bushah or misayaeh l’devar aveira. Unless a part of our mesorah and/or well-thought-through, treating children or students in a way different than adults is not just wrong but can lead to great pain that they are unable to process. Rav Yaakov Kamanetzky would often speak of the rebbe who didn’t believe his cries of innocence and punished him anyway. It was a pain he carried throughout his great life.

        In Artscroll’s Sefer Chofetz Chaim, they share the following:

    The fact that words can build or destroy is especially true regarding children. Rav Pam would tell of the time a father of one of his talmidim came to inquire about his son’s progress. Rav Pam was truthful, as the halachah requires. He said that the boy was learning, but was not meet­ing his potential. 

       The father said, “Really? I’m going to call him over right now!”

    Rav Pam’s heart sank, because it sounded as if the father was going to give his son a real tongue-lashing.

    The boy came over and the father said to him, “Your rebbi said that you are doing nicely, and it needs to be just a bit better. So let’s see that ‘little bit extra’ and then you’ll really be terrific!”

    The boy beamed with pleasure. His learning improved and he went on to become a respected talmid chacham and teacher of Torah.

    Ever since I began teaching in high schools I have learnt that today’s students are easy to be koneh if we only show them love and care and gtreat them as we would like to be treated.

  • Havdala Hacks

    Havdala Hacks

    Often Missed or Unknown Halachos & Facts of Havdala

       Hair, Height, & Husbands

      May, 2023

    As the school year comes to its close, and my 12th grade halacha class gets closer to the bitter-sweet melancholy of graduation, I end the year -as always- with hilchos havdala.

       I perennially privately personally promise that ‘next’ year I will strive to save more for time for this important subject, as it seems to be studied too rarely -if at all- in comparison to its common occurance (between fifty and sixty times per year!). Due to this, certain elements can often be misunderstood, leading to a potential susceptibility to halachic hitches.

    1. Sundry Havdala Facts
    2. Some say that havdala is a Torah obligation (Rambam, hil. shabbos, 29:1), while others posit that although an ancient mitzvah, it’s rabbinic.
    3. The minhag is to add introductory pesukim – starting with ‘henay kel yeshuasi’ – is for a siman tov for the upcoming week (Rema). Seemingly, just as we begin the year with positive simanim, we similarly accustom ourselves before the start of each new week (see more’simanim’ below).
    4.  Most add these opening verses only by a havdala for Shabbos, and when recited on motzai Shabbos tov (as for the reason behind this distinction, see Mateh Efraim 601:10; cf. Pri Megadim and others urge its recital on all occasions).
    5. On a routine motzai Shabbos, the order of havdala and its berachos should always be: yayin/wine, besamim, ner, havdala. The Shulchan Aruch gives us a simple mnemonic: the first letters of the above, in order, spells ‘Yibaneh’!
    6. The reason for this order is tied to the classic notion that our separation from the kodeish of Shabbos to the chol/mundane of our material workweek demands an interchange with all of our physical senses: touch (the cup), taste (the wine), smell (besamim), hearing (hearing the berachos –an obligation even on the one making havdala), and sight (the ner).

         With this in mind, we can better understand the explanation of the order from the Tashbeitz (d. 1444, as brought in the Kaf HaChaim [d. 1939] siman 296:3):

       These berachos are performed in ascending order of their dominance. Taste is first, as it can only be accomplished with direct physical contact/consumption. Smell comes next, as one can enjoy this sense even at a distance, however, physical closeness of some kind would still be required. Sight follows, as one can achieve this ability even at a greater distance than smell, allowing one to gaze at the stars above. (Interestingly, sight is accomplished through light travel-which is on what this beracha is being made!)

          Finally, we arrive at the blessing for havdala itself, which is a focus on human intellect. Not only can this tool be adept at he,ping us understand things that may be at a distance of space, but it can also explore matters through the expanse of time!

    • If one mixes up the order by accident, they still fulfill the mtzvah.
    • While women are obligated even in the time-bound positive mitzvos of Shabbos, there is debate if havdala is the last act of Shabbos -making women equally obligated -or the first act of the week -making them exempt (see 296:8 with Biur Halacha, et al.)
    1. Spilling Secrets

            An allusion for this being a time for ‘segulos’ is found in the Tur (d. 1340) who writes (quoting Pirkei D’Rav Elazer, ch. 20): “Anyone who makes or hears havdala is called kodosh, and they are made a segulah, fulfilling the verse (shmos 19:5)”.

           The Rema shares the minhag of spilling over the cup. However, he writes that it is to go onto the floor! He says that this is another of our simanei tov to start the week, as chazal (eiruvin 65a; cf. Tehillim 23:5) share that a house with spilled wine is a sign of beracha. The Mateh Moshe shares that we pour onto the floor so as the give the bnei Korach something to drink during their brief reprive (see Otzar Yedios HaTorah, korach)!

          There is a multitude of segulos and minhagim at this time, such as smelling the put-out wax candle; pouring out the wine and then putting out the candle in it; taking from that wine and placing on one’s eyes, pockets, and, verses to be said at that time; other pesukim to recite after havdala; drinking water after havdala; having something warm to drink, etc. etc. etc. Alas, these will have to wait for another time.

    1.  Beards & Height

    However, I have yet to find a source for the idea that if women drink from havdala they will grow a beard (although, chazal do share that certain alcoholic beverages in general can cause anyone to grow hair). Interestingly, Rav Ari Zivotofsky researched this issue and found that other communities had other sayings about women who drink from havdala -from general kelalos to those effecting shidduchim.

          The reader has likely noticed that unlike all other kiddeishim, the mivareich does not pass out the leftover wine after havdala. Why is this, and, does it relate to women? Any number of reasons are offered for this oddity. For one, unlike kiddush, havdala will require a beracha achronah, and we therefore wish to assure that the mivoreich wont be in a situation -after having given some out -where he is unsure if he had the proper shiur (Mishneh Berrura). Others fear a hefsek when answering amein by those (women) who may not be obligated in this mitzvah (Rav Issur Zalman Meltzer). Specific to women, many suggest that no one drinks -especialy not them -as a stark reminder that they should not make havdala (see Piskei Teshovos, 296, note 77 -A rav should be consulted if there is no one but a woman to make havdala).

         This all begs the question: why do we dissuade women from making havdala? Even considering what I explained above (that they may not be obligated), ashkanazim generally allow women to make berachos on mitzvos they are otherwise not compelled tp peform (e.g. lulav)?!

          The Shlah HaKodosh posits that this concern is due to the eitz hadaas being gefen (see berachos 40a). This being the fruit that caused future separations between a husband and wife (as well as the initial separation in gan eden), all women avoid this mitzvah/drink (motzai Shabbos ois 22).

          Some expand on this, explaining that the thirty-nine curses that the nachash brought are rectified by the thirty-nine melachos of Shabbos (Bigdei Yeshah). Others explain this based on the custom among some women who extend Shabbos a little more than men by avoiding certain melachos for a certain period of time motzai Shabbos (As brought by the Magen Avraham to 299:15in the name of the Avudahram -Rav Yosef Chaim Sonnenfeld, Kovetz Halachos, Shabbos, 1:p.727).

          Perhaps, being so mysterious, many warnings and anecdotes were created over time.

         But what about the height of the candle being a segulah for the height of one’s husband?

         Here would be the time I reveal something I doscvovered or an interesting theory…sadly, this time, I have nothing!

          However, perhaps and simply, since this is the one mitzvah that women rely on their husbands for more so than others (due to all of the above), and, because the beracha on the ner -according to many – is birchas hanehnin (pleasure as opposed to others who say it is praise), and, beacuse it is best utilize this light to glance at specific parts (like one’s nails and the lines on one’s hands) it is best to be close to the flame. A young lady must practice being sure that she is not holding it at just her height, lest her future husband won’t be able to get close enough! “Hold it so that your future husband can be near!”

          We have touched upon but a fraction of this important mitzvah and its many secrets.

         May the gloomy feeling of Shabbos’ close be warmed by the arrival of the yom sh’kulo Shabbos!

  • Understanding Sheimos: Proper Disposal of Torah Materials

    Understanding Sheimos: Proper Disposal of Torah Materials

    Parsha Sheets, Magazines, Newspapers…Oh My!

    April, 2023

    1. The Case 

       Guinness World Records reports that the record for the largest/heaviest single issue of a newspaper was the September 14th, 1987 New York Times Sunday Edition, containing a whopping one-thousand-six-hundred-and-twelve pages and weighing-in at over twelve pounds!

         While certainly not always that size, their Sunday editions are still notoriously gigantic. For our purposes this week, we will ignore the issue of paying a goy (hopefully a goy!) for a weekend edition and its delivery (see ‘Commerce on Shabbos’), and rather focus on that with so much to read -in both secular and modern frum publications – it is impossible to know exactly what one is bringing into their home…and how to properly dispose of it. 

             This became clear a few weeks ago when I received three shailos in a row…of the exact same question! What is even more amazing, is that there should have been even more enquiring about the same matter!

         The Metropolitan section of that Sunday’s New York Times ran a story titled ‘New Glitter Shakes Up the Diamond District’ (April 23, 2023). The large image accompanying the piece was of a frum man inspecting a diamond. Instead of choosing a close, they printed a long-shot, where his expansive work-area was shown.

         To the observant reader, it became clear that this large room is used for minyanim, as on the upper left corner of this image was a framed ‘modim derabanan’.  The focus was perfect, and every word of this teffilah could be made out, including certain names of Hashem!

          Every shoel made the same joke: “Rabbi, although most will say to throw out the New York Times even before reading…what does one do in such a case? Is it shaimos?”

            Ever since the invention of the printing press, issues of shaimos have become far more frequent, and have exploded in the modern era, when virtually every home has the ability to print the entirety of the Torah with a flick of their finger. From parsha sheets, homework, frum magazines and newspapers, etc. the common shaimos quandaries have become nothing short of ubiquitous. 

         What does one do with all this Torah material? How does one dispose of them?

           These halachos seem enigmatic – and what falls under that rubric can be confounding.

    1. Kedusha and Mitzvah

    Before we continue, the reader should note that there are two separate categories of what we call sheimos. We will be discussing matters of kedusha. This effects the name of Hashem, pesukim, and divrei Torah, as well as items that aid that kedusha (e.g. a belt for a sefer Torah).

         Separate from this is the issue of mitzvos. By this, I refer, as example, to a pair of still-kosher-but-outgrown tzitzes. It would also include (to a lesser extent) a mitzvah whose time or usability has past (e.g. a lulav after Sukkos).

          While we will only be discussing the first category, one rule regarding this second group can shared here briefly: a yarmulka, a picture of a gadol (without pesukim) and other items that may serve to inspire but are not a mitzvah in-and-of themselves may indeed be discarded (Rav Nissim Karelitz and Rav Chaim Kinievsky in Ginzei Kodesh, p. 197). Regarding similar items that are more symbiotic with its mitzvah -such as a kos kiddush, besamim, a shechita knife, etc. – one’s rav should be consulted.

        A great example: what does one do with a sefira chart (without pesukim or the beracha)” once sefira ends, especially if it includes the daily mystical sefiros? Based on the last paragraph, Rav Elyashiv ruled that it may be discarded (respectfully; Ginzei Kodesh. p. 148 note#11).

    1. Hashem’s Name and Torah

         The Shulchan Aruch (y”d, siman 276) lists the many names of Hashem that would be forbidden for one to erase and thus would require proper genizah (proper disposal of sheimos). In fact, the term ‘sheimos’ simply means ‘(Divine) names’.

            In addition, all types of Torah would also require geniza, whether a quote from a pasuk -even if not complete, yet contextually clear-, a gemara/midrash, matters of halacha, and Torah thoughts (see shabbos 115a, with meforshim, and Rambam, hil. Yesodei hatorah, 8:12. See also Shulchan Aruch oh”c 334, and Mishneh Berrura 157:7)

          This can seem very overwhelming!

        For instance, on the back of a certain brand of kosher tortilla chips it states, “Birchaso ShHakol’. Leaving aside that for sefardim the proper beracha is, likely, a ha’adama (!), would this be considered a matter of halacha? Must these empty bags be placed into sheimos?!

          During one shemitta year (5754/1994), a wine company put on their label certain halachic rules regarding the customer’s shevi’is treatment of their product. Rav Nissim Karelitz was asked about how/if to dispose of such an empty bottle of wine. He responded that it indeed may be sheimos, especially if a halacha was written on a single line.    

           Nevertheless, it seems that in such cases, unless a more significant set of Torah is written, the minhag is to be lenient (cf. ibid. p. 140 #8).

    1. Newspapers and Parsha Sheets

        We can see from the above extremely brief primer that these halachos are vast and complex. However, perhaps we have enough information now to touch upon our opening case.

        At first blush it would seem this is a serious concern, especially since we are dealing with one of the sheimos. Now, regarding frumnewspapers, Rav Wosner ruled that if they are known to publish divrei Torah, they would require genizah although there is a disposable nature to such printings(we are not referring to unsold units, run-offs at the printer, etc.)  It is debated if one may place it all in genizah, or if one must separate just the Torah sections.

          Applying this to our case, on the one hand the New York Times is far from a frum publisher, yet on the other hand, here, the shem Hashem itself was printed.

         Some may say, for a variety of reasons, that burning would be the best option (see shu”t Shevet Halevi 3:145; Igros Moshe, y”d 1:172 and 2:137; see also Mor U’Ketziah 334).

         However, the act of ‘book-burning’ is best to avoid -if not a an absolute halachic necessity -for in our day-and-age it’s an act that may be grossly misunderstood.

         For a possible solution, let us momentarily return to frum newspapers/magazines.

          When it comes to such publications containing Torah, Rav Sheinberg paskened that one may dispose of them in a respectful manner, so long as the garbage/recycling collectors are mostly non-Jews. Rav Elyashiv further paskened that if there is only a possibility of Torah then one need not search it out and may dispose of it in the trash (ibid. p. 157 with notes).

        Dayan Weiss goes even further, ruling that such printings were never created to be preserved, rather they are disposable by their very nature, and therefore laws of sheimos are not always applicable (see shu”t Minchas Yitzchak 1:18, see also the astonishing psak found in shu”t Igros Moshe, oh”c 4:39; see also, ibid. y”d 2:138).

         It may be possible to apply this concept to parsha sheets, etc. so long as they are first wrapped in a bag and placed deferentially in recycling.

             Indeed, teachers erase pesukim on a chalkboard all the time!

    Critically, a rav must be consulted for all of the above.

             With the above in mind, I suggested to the shoalim the following:

     -Tear out that picture and place it in sheimos

    – Do not inform other readers of this concern (based on a teshuva from Rav Elyashiv as printed in the back of Ginzei HaKodesh; teshuva #1).

         Let us hope that this case opens our eyes to these important halachos, especially as we head in to our zman nesinas hatorah.

         Our sefarim bring a segulah for wealth and comfort to one who is alacritous in these halachos (Minhagei Eretz Yisroel, p. 290; see Tumim to ch”m, siman 27).

         Perhaps in the future we will return to this subject, as we didn’t even touch upon what genizah means, and how to do it.

         May all those careful in these halachos be zocheh to be reunited with this buried Torah, and to understand its depth, in the era of revivification- yemei moshiach tzikeinu.

        May it be soon.

  • Halachic Confusion: Waiting Times for Dairy After Meat

    Halachic Confusion: Waiting Times for Dairy After Meat

    Six Hours? Five Hours? One Hour? Three Hours? …& How These May Apply To Shavuos

    April, 2023

    Rabbi Moshe Taub

    ‘Let Them Eat Cheesecake’

           My daughter is seriously allergic to all dairy foods. Her younger sister once turned to her and said, “I’m so jealous of you!”.

     “Why?” she asked.

    “Because you can never have milchigs”.

    “Wait, you’re envious of me for the fact I can never have milk, or cheese or even pizza?!”

    “Yes! Because that means that you never have to halachicly wait before eatinganything! That must be amazing!”

        We have all had that moment. We make the perfect coffee with cream, or that hot pizza arrives, and as we excitedly get ready to consume it we suddenly remember that we are fleishigs.

           The halacha of waiting after the consumption of meat is unique in many ways. Rare is such a common day-to-day halacha observed in so many ways. Some wait one-hour, other six, and still others at all points in-between.

         Further confounding matters is the surprising view of some poskim who posit that on Shavuos one need not wait as long they would the rest of the year!

          In honor of Shavuos, let’s bring some clarity and focus to this often-misunderstood subject.

          It will also help demonstrate to the reader how our poskim sail the deep waters of the yam hatalmud so to provide to us what appears as ‘simple’ halacha.

    1. The Source

            ‘Not Eating Cheese After Meat’ is the Shulchan Aruch’s title (to siman 89). He opens, “One who eats any meat (even fowl) mustn’t have dairy after until six hours pass. Even if one waited this time, any meat found between one’s teeth must be removed…”. The poskim explain that one need not be concerned for meat in teeth unless there’s reason to assume it’s there (Darkei Teshuvah, et al.).

        Although this halacha as written seems pretty clear-cut, the original source is famously murky, leading to the many opinions we’ve all heard of.

         Rav Chisda states that while one may eat meat after eating cheese, one mustn’t eat dairy after meat (chullin 105a). Some understand this to mean that one simply needs to wash and clean out their mouth before having dairy (Rabbeinu Tam, et al.), while others explain that one must bentch and clear the meat meal first (Rif, Ramban, et al.).

          Chazal then share the view of Mar Ukvah who required waiting ‘till the next meal’ in order to have dairy after meat. This would seem to support the second view above, that all that is needed is a separate meal (and washing one’s mouth).

          However, most other rishonim see this second statement as instructing us in a novel facet to Rav Chisda’s original rule: one must wait the length of time between meals; namely between the day and evening meals (Rambam, Rashbah, Rosh, et al.). And, even then, one would still have to first bencth and clear the table from their meat meal before eating dairy (Yam Shel Shlmo, Taz).

    1. Six Hours

        Now we understand why the Shulchan Aruch, whose goal was the simplified final halacha, just shares a timeframe.

        But how did he get to ‘Six Hours’ specifically?

          The Rambam is the first to give us this length, writing, “One who ate meat should not eat dairy until the length of a meal passes, which is about/approximately six hours” (hil. maachalos isuros, 9:28).

          Great, but where did the Rambam get this timeframe from? We all must remember -especially this time of year -that the Torah was only given once, and everything we do in our halachic lives must be based on a mesorah of Torah sh’bksav u’baal peh. The Vilna Gaon and Rav Yonasan Eibishitz demonstrate that the Rambam learnt this from chazal who had already alluded to six hours being the length between meals (at least for Torah scholars, see shabbos 10a and pesachim 12b with Pleisi 89:3).

           However, there are other opinions.

    1. One Hour

    The Rema comments right after the words of the Shulchan Aruch above by sharing the view of Tosfos -that so long as one cleared the table, bentched and rinsed and washed one’s mouth, dairy is allowed immediately!

          He then codifies the halacha as follows: “The basic minhag in these parts (Ashkanaz) is to wait one hour and to bentch (and also clean-out mouth, Taz; cf. Shach)…However, there are those who are careful to wait six hours after eating meat to dairy, and this is fitting to follow”.

            Because, generations ago, most readers’ grandparents accepted this latter view, it has become a true minhag, and the poskim offer harsh words to those who undermine it(Chachmas Adam, Aruch HaShulchan). However, in certain cases, like for someone ill, many poskim are lenient to allow a ‘six-hour’ person to wait just one hour.

          While it is unclear how the Rema came to the length of one hour (once he adopted the ‘bentching/washup’ view of Tosfos), most suggest that this hour was a protective measure(see Badei HaShulchan #21; cf. Biur HaGra).

         Many Dutch Jews still keep the one-hour timeframe.

    1. Three Hours

        Many German Jews wait three hours after meat. Many are confounded as to the source of this length, as it is neither like the view of the time between meals, or the view of simply physically separating from one meal to the next.

           A likely source for this minhag is the Pri Chodosh (d. 1698) who posits something fascinating. Even if we accept the six-hour view, it was not referring to the universal sixty-minute hours (shaos shavos), rather seasonal hours (shaos-zemanyos).

          To explain, ever wonder where ‘sixty minutes to an hour’ comes from?

             Twice a year, during the equinox, every place on earth (save for the poles) experiences a day and night that’s of exactly equal length. Chazal taught us (and the world!) to divide that day’s light by twelve in honor of the shevatim (Pesikta Rabbasi 4:1). That is where sixty minutes come from!

       Shaos zemanyos, however, would demand that we ignore that twice-a-year ‘perfect day’s’ hour and rather divide each day’s own daylight by twelve, resulting in shorter ‘hours’ in the winter and long hours in the summer. This is what we do for zman krias shma and many other halachos.

           In Amsterdam, where the Pri Chodash lived, the shortest day (December 21) would only have a 38-minute hour or so, leaving us with a waiting time of 3-4 hours!

        However, some wonder if this would mean in the summer one would have to wait based off a 70-80 minute hour (see Pleisi)!

    • Five/Five and Half Hours

    The primary source for the six hours was the Rambam above. If one reads his words carefully, he states, “approximately six hours”. The Meiri even writes “six or five hours” (Magen Avos, inyan 9). Rav Ovadia Yosef reminds us that they didn’t have watches back then, so that these measurements certainly had to be approximations! (shu”t Yabia Omer, 1:end of 4).

          Rav Ahron Kotler set as Lakewood policy a five and half hour waiting period so as to allow the schedule to work (Pesakim V’Teshuvos, #19).

           Everyone must follow their custom, of course.

    • Shavuos

       The Rema shares the minhag of eating dairy on Shavuos (in past years we delved into the many fascinating reasons). Many of our halachos above now may become activated. For instance, may one start a dairy meal (not hard cheese) and rinse-up and then serve meat without bentching? The Mishneh Berrura allows this (494:16), as the obligation to bentch is only after meat (new cloth/dishware would still be needed). Others disagree (see Shlah, shavuos, s.v. ‘shavuos’).

          But what happens if one is invited out on a second night of Shavuos and the host is serving dairy? The guest explains that it hasn’t been six hours from their meat seudah. The host explains that they only wait three hours! The Elyah Rabbah (d. 1712) and others bring from the 14th century Kol Bo that on Shavuos one need not wait the full six hours.

          Some sefarim quote Rav Elyashiv as accepting this allowance if one slept and only ate poultry (Piskei Teshuvos, new ed. Siman 494, note #127 from shu”t Yisah Yosef, oh”c 2:119), whereas others quote him rejecting this allowance (Dirshu, ibid. end of note #20).

  • Yak Milk & Cholov Yisroel

    Yak Milk & Cholov Yisroel

    Which Uncommon Animals -and their milk- Are Kosher?

    April, 2023

    ‘Yakity Yak’

    A Strange 5am Shailah

           Close to fifteen years ago, I was offered a free ticket to attend a seminar for rabbanim. The goal was not simply respite, but to listen to various poskim and speakers and perhaps develop new and important relationships. On the last evening of this three-day retreat, a frum psychologist addressed our group. His presentation offered important information, as often a rav is the first to notice shalom bayis concerns, or made aware of a serious mental issue, or be informed of an addiction or other peccadilloes. So, if there is chochma to be gleaned in how to first respond, as well as for us to be made aware of frum experts or organizations in a variety of such fields, then such a session becomes highly valuable.

         However, it was with his conclusion with which I had some disagreement. He talked about how rabbanim need to guard their own health and energy – true. He expressed how he has seen to many rabbanim, and their children, who suffer from Cobblers Children Syndrome – meaning, while focusing on a kehillah, the needs of the rav and his family may get put on the bottom of the pile while everyone else is being cared for. “Therefore, one has to explain to the shul that there are certain hours that your phone is taken off the hook, or, one day a week or every other week you are not to be disturbed”.

         As I was in my late 20’s at the time, and responded a little sharply: “Should we just tell members not to die on certain days?”

         He responded, “Well, in cases of emergency…”

       “And a kashrus shailah…what should they do if it occurs on my ‘off day’?”

    “Well, if you answer shailos frequently, then maybe your cell phone should always be on. But at least at some point at night, say 10pm, all communication to the rabbi should be made unavailable”

       While his goal was noble -and I can testify that certain boundaries are beneficial-in my experience, people do not call the rav after even 9pm unless it is either time sensitive or urgent. My experience with middle-of-the-night phone calls is that they are b’H rare and have only been regarding urgent matters, often life-and-death issues.

        A rav is like, lahavdil, a fireman in that most often the bells do not ring at the inconvenient times, but when they do, he must be ready in a heartbeat to offer the necessary aid.

         My streak of never receiving a non-urgent middle-of-the-night call, however, sadly ended a few days ago. I picked up the ringing phone expecting bad news. Instead, I heard a jubilant voice on the other end. “Rabbi Taub? Can you hear me?”

    While static-y, I simply responded, “Yes”.

         “I am in the Himalayas”

         “Sorry, the connection is not so good. It sounded like you said you are in the Himalayas!”

         “I am in the Himalayas!”

        “Why?”

         “Stam. It is beautiful! I wanted to see nifloes haboreh!” he responded.

        Shabbos is in a couple of hours and I had a few shailos…”.

        After telling him to call back in a few minutes, he then listed several questions relating to his hotel room, eruv, etc. Nothing urgent. But his final shailah was a most peculiar one.

        “I brought salami and other proteins. But I am running low. Would I be able to have butter made by the local farmer here? Before you answer, you should know it is butter from a Yak”

        “A Yak?!”

        “Yes, a Yak!”

        At that moment, he suddenly realized what time it was by me. “Oh my! I didn’t realize it is close to 5am! I am so sorry!”

         However, I explained that this was a rare and fascinating shailah, touching on a variety of halachos, and I could not be happier. Who needs a coffee when one has this to think about?

         Let us briefly unpack the four compartments of this shailah.

    First of all, there is the issue of mesorah. Many poskim hold that even mammals that have simanei kashrus still must not be consumed unless there is a mesorah/tradition of us eating them (Shach 80:1, Chochmas Adam 36; this is not to be confused with fowl, for which the concern for mesorah is far greater).

       A Yak is a bovine mammal, and a cousin of the cow, it has a distinctive regal coat of hair and large horns. So while it has all the signs of a kosher animal, it is lacking in mesorah.

       Issue two is the concern for cholev yisroel. Many who eat cholev stam are often under the impression that they do not keep cholov yisroel. Nothing is further from the truth. The obligation in only consuming milk that is cholov yisroel is an undisputed halacha that all must observe. Rather, and without getting into the complexities, they follow a view that presumes that in certain countries and under certain conditions, general milk sold already fulfills these protocols. Those poskim would actually call such milk -or a Hershey Bar –cholov yisroel, however, so as not to confides those who do not accept this leniency the neologism ‘cholov stam’ was invented.

           This is not splitting hairs, rather vital information for the travelling consumer: just because one eats cholov stam in America, does not mean one can do so in a foreign country whose production is not monitored as well! In fact, on Pesach I received a call from someone staying in a Caribbean Pesach hotel. “We eat cholov stam in America. The kosher program ran out of milk. May I purchase the local milk?” This was a smart shailah from someone who knows the reasonings behind their minhagim.

         The third element is butter. The Shulchan Aruch is conditionally lenient when it comes to (specifically) butter produced from purely non-cholov yisroel. This is because this milk’s ability to be churned is proof enough that it came from a kosher animal (yoreh deah, siman 115).

         So, putting all of this together, can he eat the butter or not?

           Rav Moshe Shturnbuch is quoted (yarchon Otzros Yerushalaim), that even those ashkanazim who follow the view that kosher mammals need a mesorah, this is only regarding their meat, their milk, however, would be permissible. This being the case, and because this is butter, it may be allowed (if watched by a Jew or in the form of butter). More, many posit that the original chumrah necessitating a mesorah was issued only regarding chayos and not beheimos (see Aruch Hashulchan).

         So, what did I tell him to do?

          “Let me sleep on it”!

  • Grocery Stores & Jewish-Owned Chometz

    Grocery Stores & Jewish-Owned Chometz

    How Long Must We Wait Before Shopping For Chometz In Non-Observant Jewish-Owned Stores
    &
    The ‘Myth’ Of a Lag B’omer Cutoff

           March, 2023

    I. Jew & Gentile

            I was once certifying a commissary in Western New York when, while explaining some of the rules, the owner’s son became visibly upset and verbally intolerant. “This is all because we are Gentiles, right? I am sure if I put on one of your little hats you wouldn’t make my mom jump through all these hoops!”

         His mother was mortified and began to apologize profusely.

        While the Chazon Ish would tell talmidim “Ah yid enfort nit’ (a Jew shouldn’t respond to such comments), in this case, for several reasons, I felt compelled to retort, albeit without sharpness or riposte.

         While his lack of respect was a red flag, it is indeed understandable that to an outsider the world of kashrus can appear capricious, fickle, and erratic.

          A grape-based company once shared with me that they used to be fully certified until noticing a potato chip company down the block was being charged a fraction of their kashrus price, and further describing how the potatoe factory’s rabbi didn’t demand being there for production, whereas, by their grape production, the rabbi was there daily, and for hours. They thought they discovered an injustice when, in reality, it simply seemed that no one explained the exceptionality of kosher grape production and their unique status in halacha.

         With this in mind, I turned to the son in our first story and shared that while it is undeniable that being a Gentile can affect kashrus (e.g. bishul akum, etc.), a Jewish owned facility introduce its own unique complications that can, at times, be far more complex than if owned by Gentiles.

           When my vaad first certified a local supermarket bakery, the one item they didn’t know how to make – and instead would ship-in ready-made –  was challah. To avoid consumer confusion, they wanted this product repackaged in their store bags and with our logo. I called the challah company’s rav hamachshir for authorization, and then sent a mashigiach to Paramus, New Jersey for a pro-forma visit. (It is standard practice to visit even a reliable hashgacha’s facility should one’s imprimatur be added to their product. Once, while in Ben Gurian, I was shocked to ‘learn’ from a Rabbanut sticker on a gum that they had worked with me and the company on its certification!).

        Upon completion of his inspection, the mashgiach -today a kashrus veteran- called me in a panic.

        “I met the owner!” he anxiously began.

           “So?”

       “So?! His name David Moskowitz [name has been changed]! He is a Jew; not (yet) frum!”

       Can the reader now guess the urgent concern?

     Hafrashas challah!

    (This halachic complexity not only exists regarding such factories, but also for local pizza shops, bakeries, etc. How this is dealt with is quite fascinating, and perhaps a good subject to explore another time)

    II. JEWISH Chometz, Liquor, & Stores

         But by far the greatest headache that is unique to a Jewish owned food business is chometz.

         Several years ago, this issue became a public and international colloquy when it was discovered/made public that many liquor manufactures were owned by Jews. Liquor can stay on shelves for years, making many million-dollar collections and cellars questionable-as these chometz products were once, perhaps, owned by a Jew(ish owner) over a Pesach.

          I had the zechus to be at the meeting with various kashrus experts where Rav Belsky and lbch”ch Rav Shmuel Kamenetzky spoke about how to best guide the tzibbur regarding this concern. Rav Shlomo Miller would later also address this same group with a shiur on the topic.

           Already well before that liquor tumult, the average consumer was generally aware and anxious vis-à-vis these issues. Many grocery stores chains or their individual franchises may be owned by a Jew, making purchasing any chometz owned by them over Pesach forbidden.

         This halacha – a rabbinic ‘fine’ in nature- is titled ‘chometz sh’over al hapesach’.

         How long must one wait to purchase such items?

          When I was around ten, I distinctly recall hearing the date ‘lag b’omer’ as a cutoff period for this concern; meaning from that day on such stores become permissible. I mention my age, because not only did I mishear, but I also accepted this as Torah m’sinai – as if on that date such chometz magically becomes permissible- Lag B’Omer is a mikveh l’taher!

        Neither of these suppositions were accurate. Yet, after some recent (unscientific!) polling, it appears that many still believe this, while others informed me that they recall Shavuos as the termination, and still some responded that this magical switch happens at ‘six weeks’.

    III. The Halacha

          Chazal teach that chometz owned by a Jew over Pesach – even for but a small portion of the chag, and even if only on acharon shel Pesach (Shulchan Aruch HaRav 448:1) -is forbidden (Pesachim 28a-29a). This is a k’nass/fine.

        There is no expiration date to such foods’ forbidden status; staying assur forever. One may not even derive benefit from such items (e.g., to buy/sell or to use it as pet food; although this may sometimes be allowed regarding certain non-biblical chometz, see Shulchan Aruch, 447:12 with Magen Avraham).

         This subject is exceedingly multifaceted, with untold potential cases and permutations. The enquiring reader is encouraged to peruse an astounding itemized list of real-world situations along with the response from prominent poskim in the sefer ‘Halacha Shel Pesach’ (vol. 1, p. 248-251, HaRav Avraham Mordechai Feldman, Yerushalaim).

    IV. Bypasses?

          Do cutoff dates exit, when such stored may indeed be patronized?

      Simply put, the only way such Jewish-owned stores may be patronized right after yom tov is if they sold their chometz, which is indeed frequently done by major and respected vaadim.

        But how this is possible?! How can one ‘sell’ chometz and then be observed publicly doing business with it? Doesn’t this negate any transaction?!

          When the local rabbanim’s chometz was sold this year to Rep. James Gennaro (NYC’s 24th District), he surprised us all when he declared “I have been buying chometz for years, and I have one rule: I do not purchase chometz from a non-religious person if he will be selling it over Pesach. I once drove by a liquor store over Pesach and saw he was open. I walked in and said, “Hey! I bought this inventory! What are you doing?!”.

         All the rabbanim had a laugh, but he was being very serious.

        What could be the allowance?
    Rav Moshe Feinstein (Igros Moshe, orach chaim, 1:149 and 2:91), as well as many other litvish and chassidehse poskim alike (e.g. the Sanzer rav and Rabbi M.M. Schneerson of Crown Heights), write how while other lesser issues are indeed involved, the initial sale is unaffected by such later counter-actions, even when predictable at the time of the sale (see Piskei Teshuvos, vol. 5 new edition, p. 185, note 153 for additional sources, as well as for cases when the seller verbally protests this sale, and if zachin l’adam would apply there as well, etc.).

            Without such sales, the consumer would have the arduous task of discovering which companies are owned by Jews (conglomerates and large corporations with Jewish owners/partners/investors/interests is a subject beyond our scope here). This is indeed a difficult task, which is why it is best left for local rabbanim to simply check into their most local stores.
    However, national vaadim do offer aid by sending out more general information, such as national unfranchised chains where Jews are not owners, such as all CVS and Walgreens.

    V. Lag B’Omer Cut-Off?

         Because such chometz is indefinitely forbidden, any cutoff would only be due to an awareness that the Pesach inventory has turned over.

    How assured must we be of this?
    Surprisingly, one would only need to know that fifty percent of the chometz inventory has been exchanged (see Igros Moshe, 4:96).

         Is there then a way to determine some set date as our statistical allowance?

         My brother-in-law, R’ Efraim Halpert, shared how one national hashagacha this year [2023] indeed give lag b’omer as that presumed date.

         But such dates are pragmatic and may change year-to-year and even city-to-city. For example, it’s possible that as people eat healthier, stores do not sell as much cereal from year-to-year. In addition, our reliance on Amazon and other delivery methods may cause significant turnover changes.

          Chazal discuss this very issue in the Tosefta, giving specific cutoff dates for such chometz depending on the type of store, location, etc. (Pesachim 2:1).

         In Toronto, circa 1985, Rav Gedalya Felder (d. 1991) suggested that three-four weeks should lead to enough turn-over, thereby allowing one to purchase their chometz (Yesodei Yeshurin, vol.6, p. 330-331).     

        I would posit that it was this popular sefer that, among rabbanim, birthed the rounded and easy-to-recall ‘lag b’omer’ cutoff (see Rav Shlomo Zalman Aurbach’s letter to him, published in the beginning of this volume, anticipating its printing. This set is essential to any posek or rav, and my theory is only to bolster that supposition).

          Of course, there is a much simpler way to avoid all of this, both before and after lag b’omer: do not purchase actual chometz from such stores and simply support your local frum stores! (See link for the halachos of supporting your local establishments) .

        

  • Hypnosis, Halacha… and the Kashrus of Vape Flavors

    Hypnosis, Halacha… and the Kashrus of Vape Flavors

    March, 2023

        One of the incidental advantages of receiving shailos is that provides a unique perch from which new trends can be tracked. Even simply learning shailos v’teshuvos grants one a window to history, where one will discover even the most trivial cultural changes, such as which ingredients were used for cholent/hamin in different eras!

          On this note, and leaving aside one’s personal views, it is no secret that vaping nicotine has become very popular in the last decade. It goes without saying that only when such products are used to quit a more dangers dependency – such as smoking – can it be deemed in a positive light.

          The upsurge of this habit among the frum is much larger than most are aware, as I see from the sheer number of shailos I receive on this one subject. It started slowly several years ago. My vaad would produce one of the ingredients that goes into these products, so I was quickly made aware of their growing popularity, receiving calls from literally all over the world.

          Once they had my number, I would then receive calls about other aspects of these products. Years earlier, I had done research on nicotine gum as well, speaking to Rav Dovid Feinstein and others about various concerns. Slowly, I was becoming the ‘Nicotinner’ rebbe!

        Do vape flavors need a hashgacha? Is this considered eating? These are not even to mention a myriad of issues relating to Pesach.

         Years ago, I wrote a feature in Ami on titled ‘Smoking in Halacha’, and shared the following:

    “The Pri Chodash warns not to light a cigarette from a candle made from cheilev (forbidden fats)… It would seem from this (see shu”t Yechaveh Daas 2:17 at length) that according to him smoking may fall under the rubric of halachic eating/drinking!

    “However, the Shaar HaMelech (hilchos meacholos assuros, ch. 13) discusses cigarettes flavored with non-kosher wine and is more lenient (still recommending being strict). Rav Ovodia Yosef (ibid.) deduces that he argues on the the Pri Chodash, positing that while a bodily pleasure, it does not fall under the banner of eating. For this reason, shu”t Mateh Yehudah (#210) explains why there isn’t a birchas hanehenin (blessings before one has pleasure/food) before this act. A similar line of reasoning is given why there is no beracha achrona on it (Cf. Magen Avraham and Chazon Ish, oh’c 25 relating to birchas harayach; see also Chayay Adam 127:3).”

    Many achronim discuss chametz flavoring and other problematic additives in inhaled products and if forbidden to ‘ingest’ on Pesach (see, e.g. Mishneh Berrura 467:33 with Dirshu ed. sources #38, and siman 442:21).

             Keeping the above severities in mind, and the reader’s subjective distaste for such habits, I received a fascinating phone call a few weeks before yom tov. This person explained that he had boruch Hashem quit smoking cigarettes well-over ten years ago. He accomplished this, he explained, through vaping. He then shared that he wished to now quit this habit too. Before allowing him to get to his shailah, I interrupted and asked, “But why quit during this stressful time? Maybe wait till after yom tov.”

    His response was telling. “There are two reasons why I wish to stop now. For one, if I can quit during this strenuous period then kal v’chomer I would stay away even after”.

         Smart, I guess.

    “But there is a second reason, and, in fact, this is the main reason I wish to stop dafka now. You see, every Shabbos, by the time we get to shalosh seudas, I am anxious for Shabbos to end so I can return to my habit. Worse, I am now dreading the upcoming three-day yom tov without my vape. How can a yid anticipate Shabbos’ ending? How can a yid despair an impending three days of kedushah?!”

    He then shared his shailah: “Many studies have shown how difficult it is to quit this product. Unlike cigarettes, this can be always be done, and almost anywhere. There is no lasting smell, no need to get up, put on a jacket and go outside, etc.

    “I’ve done my research, and my friends who have successfully quit used a hypnotist. Is there any shailah with using such a method?”

    As stated, a fascinating shailah! In fact, when Rav Moshe Feinstein was first asked about this (in 1964), he first spoke with Rav Yosef Eliyahu Henkin (d.1973) -arguably the posek hador, certainly in America, before Rav Moshe – before issuing his psak.

    The skeptical reader should be aware that we are not talking about party tricks, i.e. the ‘hypnotist’ hired for camps and the like. While he will use some real methods, such acts’ perceived effectiveness is often due to a mixture of social pressure, suggestion, and manipulation. However, medical hypnosis is a scientific method (although, admittedly, a still hotly debated one). Charles Krauthammer, the famed political pundit, was also a doctor. He shared that as a medical resident in Boston he saw hypnosis work on patients who could not have general anesthesia! (See, Hypnosis and Clinical Pain, Psychological Bulletin, Vol 129(4), July 2003, inter alia).

    Before sharing what Rav Moshe writes, we should point out that there are a host of halachic issues that this subject may touch upon. Rav Moshe only focuses on the few central ones. The interested reader is urged to see shu”t Ham’aor (ed. Rav Meir Amsel, d.2007). There one will find a lengthy teshuvah by Rav Yehoshua Baruch Landau (d. 1989; he was a rav in Europe and then Newark, N.J.), where he examines all matters of psychotherapy from a halachic perspective. From the title one sees its breadth (translation): “A Halachic Discussion, In Specificity, Regarding Cholei HaRuach (mental health) and the New Methods of Healing; (as well as) Relating to Geirushin (divorce) and Other Matters” (ibid. 377-385). For the English reader, see R’ Moshe Halevi Spero’s ‘Handbook of Psychotherapy & Jewish Ethics’ (Feldheim, 1986), in the chapter titled ‘Toward a Halachic Perspective on Radical Forms of Psychological Manipulation and Behavioral Control’ (p.90-116).

    For our purposes, we will on quote from Rav Moshe Feinstein (shu”t Igros Moshe, yoreh deah, 3:44).

    “After speaking to people who have some knowledge (of this practice), and Rav Henkin, we do not see any forbidden matter here. Since this is a natural ability, it does not fall under the prohibition of kishuf (magic), and can help those depressed and the like…”

    Rav Moshe does however warn one to only go to a trustworthy hypnotist, preferably a frum person. This is because he feared what type of suggestion would be placed in the patient. Rav Moshe proves from a Yerushalmi (see Tosphos to Bava Kama 4a s.v. kivan) that although one is not responsible for action beyond his control, this is only true if he didn’t put himself initially into such a scenario (e.g. if one goes to sleep surrounded by fragile glass then he may be responsible for the damage caused by his thrashing during his sleep).

    He then writes something very interesting. He states that giving ones conscience over to another is a zilzul to one self. It reminded me of Rav Yaakov Kamanetzky once stating that he once drank on Simchas Torah as a young bachor, and the feeling of losing part of self, one’s faculties is an experience he would never repeat!

    However, Rav Moshe then states that for health, one may lower themselves (see Sanhedrin 26b).  This would be true even if there is no danger to life.

    While I was initially going to spend the next few weeks on this one subject, and alternative treatment in general, I will end it here.

    The reader is likely wondering what happened to the shoel. Well, after yom tov I called him up. His hypnotist is well-respected and came recommended from frum specialists.

    “Did it work?” I asked.

    He paused and the said, “Well…I was concerned that I was too anxious and too cynical. I really tried. When I got back to my car after the procedure, I saw my habitual paraphernalia and still wanted to use it. However, I then remembered how much I just spent on hypnosis and couldn’t bring myself to!”

       Well, whatever works!

  • SourDough Starter & Mechiras Chometz

    SourDough Starter & Mechiras Chometz

    Can One Sell That Which They Care For?

    March, 2023

    Because the following relates to the rav’s mechiras chametz, a very brief review is in order.

    I. Quick Primer on the Chometz Sale

      The sale of chometz mustn’t be seen as a subterfuge; an insincere-albeit-sophisticated ploy. Indeed, there is a girsa (a differing text) in the Tosefta that while clearly approving the efficacy of such sales before Pesach ends with the words, “…so long as it does not become a subterfuge” (Behag, see Chasam Sofer and Beis Yosef). It is clear from the early sources –see Shulchan Aruch, siman 548:3 –that for such a sale to be valid one would have to physically remove the chomtez from their possession -or have the goy take it.

      However, due to our relative wealth today and the amount of chometz in many homes, the possibility of removing all chametz from our possession has become profoundly more arduous (see Bach regarding Jews who were in a chometz business and couldn’t feasibly remove all of their expensive chometz investments). Due to this, and in concert with other halachos (see, siman 440:2), the Mishnah Berurah (448:12) and others explain why today we can be lenient and simply cover or hide sold chometz with a mechitzah/partition (of at least ten tefachim – about 38 inches. See also, siman 440). This is acceptable – in place of removal of the chometz – due to a relatively new innovation: the rav does not just sell the chometz, but he also sells the rooms/spaces in/on which they are (really, the rav will often not sell the rooms, rather rent/lease them. See shu’t Chasam Sofer 113, Shulchan Aruch Harav, and Moadim V’zmanim vol. 3 at length).

      What arrives from the above is that the sale as we know it today – writing one’s name and other information in a shtar harshah and giving it to the rav who will then sell on that person’s behalf – began in earnest around 1856 (shu’t Shoel Umeishiv. See Rav Zevin’s monumental Moadim B’Halacha).    

       The amount for all the chometz being sold may come to the millions of dollars, so the goy gives a down-payment, with the rest due on or before motzai Pesach. If at that time he decides not to pay the rest, the rav will purchase it all back from him.

      Even those who are machmir not to sell real chometz are most often advised to still go through with a sale as a fail-safe.

      With this elementary background, I can now share some recent cases.

      II.  The Case of the Rebbe’s Bread

            A few days before yom tov, someone asked about their daughter’s science-fair project which was full of pure chometz that was continuing to ferment, and that took months to get to this point.

         “We certainly have no plans of ever selling this for good. It would be impossible to begin again! While the goy will likely sell it back, does the fact that we have such concern negate the sale?”

          This was a great question! In comparison, someone with expensive liqueur may feel quietly disappointed if the goy came and drank it, but this is very different than something one is actively protecting.

           Another good example is sour dough starter. When the Torah cites ‘seor’ as chometz, it’s not referring to our dry yeast -a relatively recent concept. Rather to ‘starter dough’. Indeed, the etymology for the term ‘Sour Dough’ may come from that very word! In any event, my wife has been making sour dough for years, long before its recent resurgence. Her ‘starter’ has traveled the world and is used in many, many homes and bakeries. Can this be sold for Pesach? Is there an issue of rotzah b’kiyumah – intensely eager for its continued existence, use, and ownership after Pesach?

           This reminds me of the shailah regarding the soon-to-be-ger who was asked to be mekabel oyl mitzvos and responded, “Yes, of course! However, I just learned sefer Chofetz Chaim, and I can tell you for certain that I will not be able to refrain from lashon hara”. At what point is an acceptance negated by an emotion of feeling?

           The poskim discuss this ger issue; (See Avodah Zara 64a for what follows, which is the main source in chazal relating to desires of the heart in an item’s continued existence; although they were there discussing avodah zara and yayin nesech).

            Relating to chometz, a parallel and intriguing situation is considered in Rav Gedalia Felder’s Yesodei Yeshurin (d. 1991 -volume 6: p. 304-307). He brings a case from the shu”t Avnei Zikaron by Rav Alter Shaul Pepper, an early New York City posek. This teshuvah was written in 1929 New York, seven years before he was niftar. The case concerned an admu”r who gave a chossid sherayim of challah that the chossid wished to save. So, before Pesach, he took the piece of bread and secured it a protective bag, declared it hefker (ownerless) and placed it in a public domain, but where it could not easily be spotted. After Pesach he retrieved it.    

             Is this chometz permissible after Pesach? Was his hefkeirus sincere? Rav Felder’s editor recorded that this teshuva was in the second volume of Rav Pepper’s sefer, siman 6. I rushed to see it in inside and saw that the shailah was sent from Litta (to New York!) by Rav Shlomo Nosson Kotler, who Rav Lazer Gordon of Telz called the ‘Ketzos’ of our generation! (See post where we delve further into his amazing life).

            After spending a few minutes researching Rav Kotler’s life, I then went back to learn the actual teshuva, only to realize this had nothing to do with the shailah at hand; the editor wrote the wrong siman! It was rather #10 in Rav Pepper’s sefer! This shailah was sent to New York from the rav of the famous Chevreh Tehillim beis medresh in Budapest, Rav Shmuel Baruch Shmelhoisen (d.1945).  

         Rav Pepper responds by proving from a Pri Chodosh (Rav Chizkiyah de Silav, d. late 17th century; siman 477) regarding a man who had some ‘segulah chometz’ and similarly disposed of it in a reshus harabim only to repossess after yom tov. The Pri Chodosh ruled that since he was ratzah b’kiyumah/he desired its existence his hefkeiros is meaningless.

           However, the Pri Chodesh goes on to state that simply desiring its existence would only negate a hefkeiros. If, however, a goy would purchase and take it from one’s property, then the mere fact that one secretly hopes to get it back after Pesach would not contravene such an action/sale.

           It would seem then  that a chossid who sells such chometz, as well as starter or an experiment, would be fine.

           However, the shu’t Arugas Habosem (Rav Moshe Greenwald, d. 1910) discusses a case of the Belzer rebbe’s sherayim, and rules that even if it’s sold to a goy it would still be forbidden after Pesach. He says to burn it before Pesach.

           Interestingly, the (fourth) Belzer rebbe, the Kedushas Aaron (d. 1957), was himself asked about such chometz and cryptically replied, “The chassidim know what to do with it” (Beis Yisroel, volume 8, p. 206).

          Once burned, it would seem one would keep the ashes for safekeeping (Avnei Zikaron ibid., and 3:25).

              While researching the lives of many mentioned above, I reached out to R’ Baruch Amsel, the creator and curator of the astounding tool – kevarim.com. When I mentioned the shailah at hand, he shared that it’s discussed in the Nittei Gavreil, zol gezunt zein (Pesach, volume 1, p. 224). After mentioning that some either consume or burn such sherayim before Pesach, he then mentions that the minhag Chabad and Karlin is to include it in the sale.

            Rav Yitzchak Isaac Leibes (d. 2000, head of the Igud HaRabannim in America) writes that there are a few poskim to rely on that would allow one to keep such chometz after a sale. He quotes from the Yeshuas Yaakov (d. 1839; siman 450:5) regarding a starter dough. The Yeshuas Yaakov’s language language, while not affirmative toward such sales, is not restrictive either.

          I would advise anyone connected to any of the above questions, speak to their rav.

      The above was written on the yartzeit of Rav Pepper (19 Nissan, 1936). May his neshama have an Aliyah, and may he be a meilitz yosher to all the American rabbamim who follow in his ways!