Category: Halacha

This section of Shul Chronicles focuses on practical and historical issues in Halacha, including family law, minhag, contemporary halachic debate, and communal practice.

  • 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 In Such Stores & The ‘Myth’ Of Lag B’omer

           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 that “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 then described how their rabbi didn’t demand being there for production, whereas by their grape product 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 can also introduce complications, and indeed, at times, be far more complex than if he were Gentile.

           When my vaad first certified a local supermarket bakery, the one item they didn’t know how to make – and instead ship-in ready-made –  was challah. To avoid consumer confusion, they wanted this product repackaged with our logo, so I called its rav hamachshir for authorization, and 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).

        Upon this customary inspection, the mashgiach -today a kashrus veteran -called me up 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 local pizza shops, bakeries, etc. as well. How this is dealt with is quite fascinating, and perhaps a good subject to explore another time)

    II. Chometz Liquor and 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.

            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 such chometz which was owned by them over Pesach forbidden.

           This halacha 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 tis concern; meaning from that day on such stores become permissible. I mention my age, because not only did I then accept this date as Torah m’sinai but believed that on that date such chometz actually becomes permissible.

          Neither of these suppositions were accurate, and after some recent (unscientific!) polling, it appears that there are many who still follow this. Others informed me that they recall Shavuos as the termination, and still others heard ‘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 just acharon shel Pesach (Shulchan Aruch HaRav 448:1) -is forbidden (Pesachim 28a-29a). This is a k’nass/fine, for which nullification before Pesach alone doesn’t resolve.

          There is no expiration date to such foods’ forbidden status, staying assur forever, and one may not even derive benefit from such items (e.g., to buy/sell or use it as pet food; although this may sometimes be affected 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 cases along with their sources in poskim in the sefer ‘Halacha Shel Pesach’ (vol. 1, p. 248-251, HaRav Avraham Mordechai Feldman of Yerushalaim).

      IV. Bypasses?

              Do cutoff dates exit, at which such stored may be patronized?

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

            But how this is possible?! How can we ‘sell’ chometz and then observe them doing business with it? Doesn’t this negate any transaction?!

              When I sold my and many other rabbanim’s chometz 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 also very serious.

            What is, then, the allowance? Rav Moshe Feinstein (Igros Moshe, orach chaim, 1:149 and 2:91) and many other litvish and chassidehse poskim (e.g. the Sanzer rav and the Lubavitcher rebbe) explain how while other lesser issues are indeed involved, the initial sale is unaffected by such later actions (see Piskei Teshuvos, vol. 5 new edition, p. 185, note 153 for additional sources).

                Without such a sale, the consumer would have to discover which stores/companies are owned by Jews (conglomerates and large corporations with Jewish owners/partners/investors – is a subject beyond our scope). 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 be due to an awareness that the current inventory is not the same as what was there over Pesach. To assume this, one would only need to know that fifty percent of the chometz inventory has been exchanged (Igros Moshe, 4:96).

             Is there a way to determine a set date for this?

             My brother-in-law, R’ Efraim Halpert, shared that one national hashagacha this year did 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.

              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 find enough turn-over therby allowing one to purchase their chometz (Yesodei Yeshurin, vol.6, p. 330-331).     

            I would posit that this popular sefer 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).

              There is a much simpler way to avoid all of this, both before and after lag b’omer: simply support your local frum stores!

             Alas, that is a whole other subject and whole other article!

      1. 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!

      2. Cosmetics & Pesach Guides

        Cosmetics & Pesach Guides

        Using ‘Purell’ To Underst The Halachos Inedible Chometz

        March, 2023

        I say it almost every year—in my experience, Pesach is the least busy time for a rav.

        Unlike Shavuos, when the rav gives all-night shiurim, or Sukkos, when daled minim can wither or break and the weather can elicit sh’eilos, the days of Pesach are often silent.

        This is because by the time Pesach arrives, the house has been cleaned, the food has been purchased, the kitchen has been kashered, and the guidelines have been given out. Of course, problems will always arise, but these are rare.

        In fact, one of my favorite times of year is Erev Pesach, right after I sell the chametz. The next several hours are among the quietest on the rabbinic schedule.

        Conversely, the weeks leading up to Pesach are busier than ever. To be honest, there is a certain excitement about this; not a day goes by when I do not receive a sh’eilah I have never been asked before—and sometimes they are sh’eilos I haven’t even thought of!

        The problem, of course, is time. Glancing at my cellphone right now as I sneak away to write this column, I see that I have received seven calls and 13 texts in the past 25 minutes. My emails are backed up, my voice mailbox is out of space, and my wife, who has her own nine-to-five job, is running the house alone. Indeed, the role of the rebbetzin too often goes unseen, but without her the rabbi would not be able to help his tzibbur (a topic that deserves its own column).

        The main purpose of this column has always been to give a window into the world of rabbanus, so I will share the most popular sh’eilah I’ve received in the past few years. There is also a lesson in this sh’eilah as we go into Yom Tov.

        Most Pesach guides state or imply two significant halachic positions for the Pesach consumer.

        One is that inedible cosmetic powders, creams, soaps, shampoos, gels, and other such items are all acceptable on Pesach regardless of their ingredients (see, for example, the 2023 OU guide, p. 113; shu”t Sh’oel U’meishiv 2:148; cf. Biur Halachah, siman 326, etc., that some are machmir).

        The second position is that if these cosmetics and inedible items are in liquid form—for example, perfume, spray deodorant and hairspray—there may indeed be a problem if they contain chametz (see Mikra’ei Kodesh, 1:54, Igros Moshe, Orach Chaim 3:62, and Rav Shlomo Zalman Auerbach in Halichos Shlomo, 4:11; cf. Shaarim Metzuyanim B’halachah,112:2, which allows even these).

        It seems easy to remember—all inedible cosmetic items are permissible on Pesach, but those that are in liquid form need to be checked. If you would like to use a liquid item, you need to make sure either that it contains no alcohol, or that any alcohol listed in the ingredients is not ethyl, ethanol or denatured, as these three types may be derived from chametz.

        Based on this guideline, many people have approached me to say they are surprised that I listed Purell and other hand sanitizers as problematic on Pesach if they contain any of these kinds of alcohol.

        “Rabbi,” they tell me, “first of all, these are not exactly liquids. And secondly, other Pesach guides say they are all fine.”

        It is always hard for a rav to argue with what has been published!

        The other night after davening, I decided to explain my personal approach publicly.

        I began by reminding my listeners of a vital principle I often share with them: “Psak halachah must always be consistent.” A halachah in hilchos Yom Tov, for example, must align with certain rules in hilchos shechitah. No halachah exists in a vacuum; everything is connected. The Shulchan Aruch and the Rambam are not just organized compilations of laws; each is an integrated, dependable systems, a cohesive living organism of halachah.

        In this framework, a rule regarding inedible liquids has a taam, a logic. Knowing the exact reasoning behind a halachah or chumrah is critical in order to use it in another application.   

        I asked my audience, “Why is it that cosmetic liquids are a problem when other types of cosmetics are not? Well, it was never about liquids per se.”

        Certainly, those rabbanim and publications that disagree with me regarding hand sanitizers are well aware of the following, and may indeed deviate from my conclusion. My goal, however, is to explain this to the layman.

        Rav Moshe (ibid.) and others explained that there was a time when poor people and addicts either drank these “inedible” items, or filtered and flavored them and then drank them, in order to get the high they needed. In fact, my father-in-law saved a story printed in Toronto’s Globe and Mail in the late 1980s about a homeless man who passed out surrounded by deodorant bottles.

        Because some people consider this an edible item, the minhag developed to be strict regarding those that contain chametz.

        “The problem was the fact that they were edible, not that they were liquid,” I explained.

        What does this have to do with my view on hand sanitizers? Many do contain chametz (ethyl, ethanol or denatured alcohol), and unlike a bottle of spray deodorant, there have been countless news articles over the past decade about teenagers drinking them (e.g., NPR, April 25, 2012, and VICE, February 25, 2016).

        In my opinion, if this chumrah applies to liquid cosmetics, it would also apply to hand sanitizers. In fact, during COVID, when there was a shortage of hand sanitizers, many distilleries switched to making them.

        Here is a story that came out just last week in North Carolina:

        “A distillery business in Statesville pivoted to meet consumer needs when a hand-sanitizer shortage stressed the community three years ago, but now they’re back to making whiskey. Stores couldn’t keep hand sanitizer in stock when the pandemic hit. Southern Distilling Company took advantage of the opportunity and began using its alcohol to create hand sanitizer”(Spectrum 1 News).

        While everyone should follow the view of his own rav,we must never stop asking questions when it comes to halachah.Respectfully asking the reason for a practice is derech haTorah!

        I hope my shul continues to ask me, “Why?”

      3. Explaining the Custom of Lighting One Shabbos Candle For Each Child

        Explaining the Custom of Lighting One Shabbos Candle For Each Child

        The Source For the Common Minhag of Lighting One Shabbos & Yom Tov Candle For Every Child

                I. One Is Enough?

        At a recent Shabbos sheva berachos, the female guests were in the hall preparing their candles for Shabbos as they awaited to greet the new and happy kallah. For many, the week of sheva berachos will be the first time they light neros Shabbos, and her close friends and family wished to witness the auspicious moment. When the kallah finally arrived, they all greeted her with jubilation.

              The kalla excitedly made her way to her table on which she and her chosson would be eating, and on which she was planning to light. “I need candles” she said, mostly to herself. The women scurried to bring their malkah her first two of what would, iy”H, be many future Shabbos candles. However, to their alarm, they discovered that there was only one sole candle remaining. One of them quickly darted to the front desk, but the clerk gently reminded her what year it was and explained they do not stock candles. Shabbos was inching closer and closer, so running to the store was no longer an option, and all the men were several blocks over at a local minyan.

               The cousin of the kallah, who will be graduating Shevach High School later this year,asked about the commotion and why the kallah looked so distruaght. When it was explained to her that she was not able to perform her first hadlaka as a wife, the niece made a quizzical face.

              “Why not?” the niece asked, clarifying that while it is urged to light at least two lights -one for shumer and one for zachor – the basic mitzvah is accomplished with just one (see  Rambam hil. shabbos 5:1 and Shulchan Aruch, siman 263:1). With no rav around, and just several minutes until Shabbos, the niece understood that she needed to somehow gain the confidence of this kallah, who was slightly dubious to this last claim. She eagerly turned to the kallah and said, “The beracha we make on this mitzvah is ‘lahadlik NER shel Shabbos’, in the singular! Obviously then the basic mitzvah is satisfied with one. It is so appropriate and such a zechus that your very first opportunity to perform this mitzvah you get to do so in its purest form”.    

              Now swayed -and relieved -the kallah jovially lit, made a beracha and davened before her first Shabbos candle.

               I only know this story because the young cousin of the kallah is a student of mine in 12th grade halacha.

        I am met with skepticism whenever I first teach this halacha, and always use the words of the beracha to prove the point.

              II. A Candle Per Child

        But this is just the beginning of misunderstanding when it comes to hadlakos neros.

        Over the years we have share many, such as why we wave our hands before the beracha, and, just a few weeks ago, where one may and may not light when in a hotel (both available on this site).

               However, like this story illustrates, the number of candles one needs to light has its own unique misconceptions.

              A great majority of women will say that they light candles for the number of children they have. So, if one has, say four children, they will light six candles – four for the children and two for shomur v’zachur.

             What may be surprising however, is that we are not sure where this custom comes from, when it began, or what the correlation between our candles and the number of children.

             The language of the halacha is, “One should be alacritous (toward the mitzvah) of having a nice/strong light/candle (for Shabbos). There are those who emphasis lighting two lights/candles corresponding to shomer v’zacher. Rema: one may add to this number and light three or four candles, and so is the custom…one may add any number emphasizing/corresponding to other matters, so long as one does not seek to light less (than two)” (Shulchan Aruch, siman 263:1).

              The Chofetz Chaim offers other customs, such as lighting seven neros-corresponding to the days of the week, or ten neros –corresponding to the aseres hadibros. The Vilna Gaon was known to light a very large number of neros (Maaseh Rav, 112), the Bnei Yisasschar would light 36 neros (Mamarei HaShabasos 3:8; see column regarding lechem mishneh where I explain this number), and some rabbanim of Yerushalaim would urge women to light twenty-six candles, corresponding to the shem Hashem (Rav Bengis, as quoted in shu’t Mishnas Yosef 4:33).

              The one opinion missing is the custom to light equivalent to one’s children!

              The earliest source of this latter-day minhag that I could find is the Likutei Maharich (d. 1922).

             The question remains: what is this based on, and, why did it spread as it did?

        Explanation #1

        I used to offer an explanation that I later found written by Rav Moshe Shternbuch (shu”t Teshuvos V’Hanhagos 2:157): By Chanukah, the gemara explains, the basic mitzvah is one ner on each night, like for Shabbos. However, the gemara then shares that one can perform this mitzvah in extra mehadrin ways, one of which is a ner for each member of the household!

        Perhaps, we can suggest that we applied this mehadrin of Chanukah to our weekly neros Shabbos.

              The only problem with this explanation is that this mehadrin by Chanukah is regarding the number of people presently in the house, whereas the minhag by Shabbos is for mothers to light a ner even for the child(ren) who has(have) moved out, away that Shabbos, or, R’l, has passed on.

             Explanation #2

        Others suggest that this minhag is based on another custom. The Rema brings the knas (fine) women accepted upon themselves that should one ever forget to light neros Shabbos then she must light an extra candle by Shabbos candles for the rest ofher life. (The conditions are rare, and if one ever forgets to light, before accepting upon herself this knas, a rav must be consulted).

        Since women would often forget -or be unprepared -to light after giving birth, they began to adopt adding an additional ner after each child was born -whether they deserved that k’nas or not (see, e.g. shu”t Mishneh Halachos 7:35).

              Explanation #3

        Others point to Megilas Esther for an explanation: in hilchos yom kippur (siman 610:4), the Elyah Rabbah (d. 1712) brings from an ancient targum to the megilla that for the lighting erev Yom Kippur the minhag was to light a ner for every person in the home.

             Explanation #3.1

        Based on this last explanation, we can posit an explanation as well for this minhag’s relatively recent proliferation:

             The Rema in hilchos yom kippur (ad loc.) records the minhag of lighting a ner neshama before Yom Kippur for one’s deceased parents. (The current minhag of lighting a ner neshama before any yom tov with yizkar is of recent and unknown origin).

              After the war, where so many lost their families, perhaps they would light a ner neshama for their children, hy’d, and explained to their more recent children that they are lighting for all of their brothers and sisters. Maybe this is what popularized and spread what was once a more dormant minhag.

           So many secrets in minhagei yisroel!

      4. 8th and 9th Teves’ Mysterious Fasts

        The Hidden Burial Spot of Moshe, Ezra’s Yartzeit, &….lha”ln, Drawing Mohammad?!

        January, 2023

        What follows was published for popular consumption, sharing our current minhag and its sources.

        Readers looking for an academic listing of sources, a detailed history, and sourced reasons behind these fasts, would be wise to enjoy the following research from the incomparable Dr. S. Leiman:

        1-

        Article:

        The Jewish Quarterly Review
        New Series, Vol. 74, No. 2 (Oct., 1983)

        Available to peruse at:

        https://www.jstor.org/stable/1454383?read-now=1&seq=6#page_scan_tab_contents)

        2-

        Lecture:

        http://www.yutorah.org/lectures/lecture.cfm/715371/Dr_Shnayer_Leiman/Jewish_Perspectives_on_Early_Christianity_-_Nittel,_the_Ninth_of_Teves_and_Pope_Simon_Peter

        ______________________________________________

        A Rabbi, a priest and an Imam walk into a conference…

             While this may sound like the opening of a joke, such is exactly what transpired.

        A couple of years after 9/11 I was invited to speak at a conference arranged by Muslim scholars on the topic of ‘Religion and War’. After first consulting with poskim, I agreed to join.

        It opened with the local Imam speaking about Islam’s relationship with jingoism and combat, followed by the priest discussing what Catholicism has to say on the subject. We were only allotted fifteen minutes each, so by the time it was my turn, I used the first half of my time to make jokes. I did this to get the crowd on my side before I utilized the second half of my time to correct the record from the first two speakers.

        The corrections were many, but it was these words from the Imam that took the cake:

        “People think Islam and warfare are brothers. But this is not true. In fact, Islam despises war and destruction! Indeed, I shall now corroborate this with the sharia.”

              ‘This should be interesting’, I thought to myself.

        He continued:

        “Who else but our holy prophet would come up with the following law? What other religion other than Islam would show such sensitivity?”

          What was he referring to? Well, he then quoted from the caliphate:

        “When you march through enemy territory [during war time] you mustn’t knock down any palm or fruit-bearing tree…”

                I let out an audible laugh. I didn’t intend to be rude, but I assumed this this Imam was also opening with jokes! I was quickly embarrassed when I realized that I was the only one who found humor in his statement.

        But what he was stated was so preposterous! I just looked up at him, as if to say, “Oh. You are being serious?”

             It became pitifully plain that he had no clue that -like much else in his faith and most others -this law was appropriated from the Torah.

             There are many other examples of such seizures of our most holy. But the paramount example may be a law of theirs we all know, but whose reasoning few are aware.

             It is a miracle of Yiddeshkeit and the genius of our mesorah that we never fell victim to that which has infected every other system of faith: the primary leader and teacher becoming Divine in the eyes of his people.

            In order to duplicate our success, lahavil ad lanetzach, in Islam, they threaten death or violence to those who create or display images of their false prophet. While many assume that such harsh retribution is due to his purported divinity, in fact, the opposite is the truth. Precisely because their false prophet was but a mere mortal do they aspire to be like the Jews who never deified their greatest leader. Paintings or pictures is a slippery slope toward such veneration; but a hop-skip-and-a-jump toward idolatry, which is punishable by death.

               The pasuk this week states “And He (Hashem) buried him (Moshe) in the valley, in the land of Moab, opposite Beth Pe’or; And no person knows the place of his burial, unto this day” (34:6).

             Rebbe Channa bar Chanina explained the pupose for Moshe’s kever being hidden: if we would daven by Moshe’s kever on our way to galus, the decree may be nullified! (Sota 14a).

             Another chazal states that this concealment was due to a fear that we would build the Beis Hamikdosh around that very spot (the incorrect location), and worse, if we were to do so, the Gentile nations would offer inappropriate things there. (Pisikta Zutrasa).

              However, perhaps the most repeated reasoning is the fear that we would turn such a site into a shrine and, chalila, daven to Moshe, R’l. (See Ralbag, Rav Hirsch, inter alia.

            Chazal share that this was also one of concerns of Yaakov, and why he didn’t wish to be buried in Mitzraim, as the mitzrim may turn his kever into a reliquary for idolatry (see Rashi to Bereishis 47:29).

                 What does this have to do with teves/shevat?

              The Tur and Shulchan Aruch list more than twenty (!) fast dates throughout the year where it is ‘worthy’ to fast, some that even fall on rosh chodesh (siman 580). Here are some that relate to this time of year:

        “On the eighth of teves the Torah was translated to Greek during the days of King Ptolemy, causing darkness to enter the world for three days; On the ninth of teves, we do not know what trouble transpired; On the fifth of shevat the zekeinim from the days of Yehoshua died; On the twenty-third of shevatall of bnei yisroel gathered against shevet Binyamin on account of Gibah…”

               Among these dates are the 8th and the 9th of Teves.

        After reading these halachos, one would naturally have the follwing two questions:

        1- Why don’t we fast on these dates anymore?

        Were they ever observed?

        2- How do we understand the follwing cryptic comment of Shulchan Aruch when referring to the 9th of Teves:
        ‘[W]e don’t know what transpired’?

        How could we have a taanis and not know what it is commemorating?

        Is its reasoning/history found anywhere?

             As to our first question, when the Tur mentions these dates, the Beis Yosef comments that he “[H]as never heard of anyone who fasts on any of these dates, and indeed we may wonder regarding whoever established these, how could he have allowed for a few of them to fall on rosh chodesh?”

        So, although he too would later codify these fasts, there is ample support for the vast majority of yidden who do not fast on nay of these dates (see also Mishneh Berrura).

        In fact, in our day, many poskim would advise one not fast on these dates, as we are weaker, and fasting could lead to a weakening of teffilah, learning, and even middos.

             As for our second question, we must begin with the source for these fasts. The two main sources come from the geonic era, Halachos Gedolos and the 13th century Kol Bo -both authoritative sefarim, yet both written by uncertain authors.

              The Tur’s language regarding the mysterious 9th of teves is a little more telling: ‘The chachamim did not inform us…” alluding to a deeper secret that is known but not shared. Indeed, the original manuscript of Megilas Taanis (not the one in common use today) uses similar language.

            Many posit that this date was chosen as a fast since it is also the yartzeit of Ezra (Magen Avraham).

        But if so, why would it be a hidden?

            Some explain that we hide this based on the very same fear with which we opened: precisely because that Ezra greatness to our Torah history is almost unmatched -as he revivified the Torah in his day – revealing too much about his demise would negate the concern of yiddeshlkeit becoming a ‘cult of personality’, chalilah; about a person rather than the Riboneh Shel Olam (see Yaaros Devash, 2:12)!

            Some additions of the original source explicitly mention the death of Ezra,…as well as another yartzeit: Nechemia.

           To this, we could propose another reason for its hidden nature.

        Sefer Nechemia is not mentioned in among the twenty-four sifrei tanach listing found in chazal (Bava Basra 14b-15). In fact, the gemara (Sukkah 37a) mentions a pasuk in sefer Nechemia as being from sefer Ezra (Nechemia 8:15)!!

             As the Yad Yosef (to Ein Yaakov, Sanhedrin 93b) explains, in the days of the gemara both Ezra and Nechemia were contained in one sefer called, simply, ‘Ezra’.

            The gemara (Sanhadrin 93b) outright asks why Nechemia was not zoche to have the (second half of the) book named after him, explaining that this was a punishment for a certain event.

          Like sifrei Shmuel, Melachim and Divrei Hayamim, it was the Christians who divided Ezra into two, logiclly (without our mesorah) naming the latter half ‘Nechemia‘.

            Rav Reuvien Margilios (Margolios Hayam) quotes the Chida as explaining that chazal did not mean that Nechemia’s punishment to be indefinite, and certainly at a certain point in history he would become absolved. This is why Hashem, at a certain point in our history, allowed the division of ‘Ezra’ into two books and for the latter to be called ‘Nechemia’. (See my feature available on this site titled ‘Chapter and Verse’, from Ami Magazine, Shavous, 5774 where the story behind the 24 sefarim, as well the ‘chapters’ are discussed in great detail).

            Based on this, we can perhaps suggest that, at least initially, just as Nechemia’s sefer was ‘hidden’ so was his yartzeit.

            There are additional reasons given for this secretive date, more information about this version of Megillas Taanis, and the further details regarding the other fast dates mentioned in the Shulchan Aruch.

             But we will save these for another time, iy”H.

              

      5. Shabbos Hotel Halacha

        Shabbos Hotel Halacha

             

        Where To Light Shabbos & Yom Yov Candles At A Pesach Hotel

        &
        The Case of the Pesach Petting Zoo

        February, 2023

        Several months ago, I was by a chuppah when, after its conclusion, a young man and his ten-year-old daughter came over to say hello. I recognized the father but was unable to place him. “I wanted you to meet our amazing young daughter” he began, “After all, you helped my wife and I significantly when she was about to enter this world”. I was completely confused. There were two possibilities: either he was mistaking me for someone else, or, an event took place in which I was a part and admitting my forgetfulness could only serve to be insensitive. So, I nodded my head in tentative agreement.

             My wife witnessed this exchange, and a few minutes later shared “I am so happy you were reunited with Mr. X. Isn’t nice to meet his daughter?”

             I abruptly stopped walking as she said this, turned to her, and admitted my ignorance during that busy moment in placing him, or the situation to which he was referring.

             “You don’t remember?!” she asked incredulously. “About ten years ago…we were staying in the Perl’s Pesach hotel in Niagara Falls? You were the guest rabbi for yom tov?…”

            So far, I remembered, of course.

             “In the middle of the night of yom tov there was a soft knock at our door. At forst we thought we were hearing things, but a few minutes later it started up again, growing slightly louder and louder. Looking through the peephole you saw a pacing yungerman, and immideatly opned it and walked out. He explained that his wife seemed to, maybe, be in labor. This was to be his frst child, and they were both unsure if this was real or a false alarm.. You quickly woke me up, and I listened to the symptoms, and it was clear a birth was immanent.

             “There were other matters involved, and you made it clear that they need to get to the hospital, either by cab (time allowing) or to drive themselves. He was still unsure if he should be ‘mechalal’ yom tov. There was no EMS in the Pesach program, so you went to room and dragged the phone out and said, ‘If you don’t get into a car, then I am dialing a frum doctor right now who will pick up if I call -he will convince you that it is time.’

            “He was so startled that you picked up the phone to call that he immediately took his wife to the nearest hospital. A baby girl was born later that night”.

             Admittedly, such events like the above are rarities, it does seem every time I am away at a Pesach or other program some fascinating issue arises.

           Another event at a hotel for whioch my wife was very helpful was when one Pesach hotel at which I was giving shiurim over chol hamoed invited a petting zoo one day for the frum kids. Like many Pesach hotels that have this same activity, the guests need not pay for animal feed as they would have to do separately in a traditional petting zoo; it was included and free.

             However, my wife –always wiser than I –had the sagacity to inquire

        from what this feed was made.

              Let’s just say that most feed is made from a mix of ingredients that

        would make any frum Jew on Pesach panic. As the reader is aware, deriving benefit from chometz is also prohibited. Would this be considered benefit?

              The question now was two-fold: A- if one may give this to children with.  which to feed the animals (No!), and B- if any Pesach hotel that utilized such a system (of which there are many) is considered to have actually purchased this feed with the guests’ money (beyond the scope of this column). In any event, the owners of this hotel were, to their credit, quite concerned at this discovery, and acted post-haste.

              All of the above comes to mind because I recently had the zechus to be the acting rabbi/speaker for a Chai Lifeline Shabbos retreat. Even though, chasdei Hashem, I no longer am responsible for kashrus at events at which I take part, there are always complexities that arise; some of which the reader need be aware. In fact, the very first piece I ever published (yarchon Ha’Amek, Toronto) was titled ‘HaMilon B’Halacha’ (the hotel in halacha). There I discussed issues ranging from the electric doors/locks on Shabbos, the non-Jewish bible found in drawers in most rooms (e.g. if they have the status of avodah zara, and the halachic effect that could have on one’s stay), eiruv chatzeiros, etc.

               But perhaps my greatest -and most common –‘hotel concern’ remains  hadlakas neros Shabbos. Very often, hotels will disallow fire of any kind to be kindled in private rooms. Due to such rules, frum programs will want hadlaka to take place in the dining hall (see Chovas HaDar, p. 94, Igros Moshe 5:20;30, Shmiras Shabbos K’hilchasah 45:9) and Be’er Moshe 1:14). However, that is only where the issue begins, as many hotels will further forbid kindling fire in any carpeted area. This often leaves one place in which hadlaka will be set-up: the hallway(s) near the dining halls.

              I will not here give a psak, but one should speak to their personal rav in case he holds that such an action is at best not good enough or, at worst, a beracha l’vatalah. Assuming such an area is not utilized for relaxing (with couches etc. that will be used over Shabbos), this is a serious problem. A few years ago, I was the visiting rabbi for a Shabbos program when I noticed this exact questionable set-up. The lighting was to be tucked-away in a corner of the hotel that would otherwise be inaccessible and/or isolated the rest of Shabbos.  I explained to the program director my concerns, and concluded, “It may be better to light with electricity in one’s room (without a beracha –Rav Moshe Feinstein) than to light here”. He thought this was an extreme approach and explained that he will call the well-known posek for the organization sponsoring that program. A few minutes later he called me to share what the posek said. “He said it’s a problem. And he agreed that it is better people light with electricity in their rooms than to light here”.

            He allowed me a moment of satisfaction, before he said: “But he did add one thing that you did not. He said that we should not announce this, and at this point -so close to Shabbos -only share with those who ask”. This was wise, and its reasons are beyond the scope of this short column.

             It reminded me of a story I often tell with Rav Yaakov Kamanetzky. Someone once approached him asking what the beracha he should tell others to make on a complicated dessert with many odd ingredients. “A quiet one” he wisely answered.