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  Yonasan, who was originally adopted by non-observant parents, called me with the following shaylah: “My parents, meaning the couple who adopted me, eventually divorced, and later my father remarried, although there was a halachic problem with his second marriage. My adoptive father was a kohen, and his second wife, Martha, was a divorcee. Recently, [...]

Chalav Yisrael and Powdered Milk

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Praying for a Rainy Day when Traveling to or from Eretz Yisroel in November

Whereas in chutz la’aretz ve’sein tal umatar (the prayer for rain added to the beracha of Boreich Aleinu in the weekday shmoneh esrei) is not recited until the evening of December Fifth (this year — the exact date varies), people in Eretz Yisroel began reciting this prayer on the Seventh of MarCheshvan, last Thursday night. This difference in practice leads to many interesting shaylos. Here are some examples: 

Question #1:

Yankel, who lives in New York, is in aveilos l”a for his father and tries to lead services at every opportunity. He will be visiting Eretz Yisroel during the month of November. Does he recite the prayer according to the Eretz Yisroel practice while there? Which version does he recite in his quiet shmoneh esrei? Perhaps he should not even lead services while he is there?

 

Question #2:

Does someone from chutz la’aretz who is currently attending Yeshiva or seminary in Eretz Yisroel recite ve’sein tal umatar according to the custom of Eretz Yisroel or according to the chutz la’aretz practice?

 

Question #3:

Reuven lives in Eretz Yisroel but is in chutz la’aretz on the Seventh of MarCheshvan. Does he begin reciting ve’sein tal umatar while in chutz la’aretz, does he begin reciting it upon returning to Eretz Yisroel or does he wait until those in chutz la’aretz begin reciting it?

 

In order to explain the halachic issues involved in answering these shaylos, we must first explain why we begin requesting rain on different dates in Eretz Yisroel than we do in chutz la’aretz.

 

The Gemara (Taanis 10a) concludes that in Eretz Yisroel one begins reciting ve’sein tal umatar on the Seventh of MarCheshvan, whereas in Bavel one begins reciting it on the sixtieth day after the autumnal equinox. (The Gemara’s method for calculating the autumnal equinox is not based on the solar year but on a different calculation. The reason for this is beyond the scope of this article.) Someone who recites ve’sein tal umatar during the summer months in Eretz Yisroel must repeat the Shemoneh Esrei, since this request in the summer is inappropriate (Gemara Taanis 3b; Shulchan Aruch Orach Chayim 117:3).

 

WHY ARE THERE TWO DIFFERENT “RAIN DATES?”

 

Since Eretz Yisroel requires rain earlier than Bavel, Chazal instituted that the Jews in Eretz Yisroel begin requesting rain shortly after Sukkos. In Bavel, where it was better if it began raining later, reciting ve’sein tal umatar was delayed until later. This practice is followed in all of chutz la’aretz, even in places where rain is not seasonal, or where rain is needed earlier — although the precise reason why all of chutz la’aretz follows the practice of Bavel is uncertain (see Rashi and Rosh to Taanis 10a; Shu”t Rosh 4:10; Tur and Shulchan Aruch Orach Chayim 117).

 

LOCAL CONDITIONS

 

If a certain city needs rain at a different time in the year, can they, or should they recite ve’sein tal umatar then? The Gemara (Taanis 14b) raises this question and cites the following story:

 

“The people of the city of Nineveh (in contemporary Iraq) sent the following shaylah to Rebbe: In our city we need rain even in the middle of the summer. Should we be treated like individuals, and request rain in the beracha of Shma Koleinu, or like a community and recite ve’sein tal umatar during the beracha of Boreich Aleinu? Rebbe responded that they are considered individuals and should request rain during the beracha of Shma Koleinu.”

This means that an individual or a city that needs rain during a different part of the year should recite ve’sein tal umatar during the beracha of Shma Koleinu, but not as part of Boreich Aleinu.

 

NATIONAL CONDITIONS

 

Is a country different from a city? In other words, if an entire country or a large region requires rain at a different time of the year, should its residents recite ve’sein tal umatar during the beracha of Boreich Aleinu? The Rosh raises this question and contends, at least in theory, that a country should recite ve’sein tal umatar in Boreich Aleinu. In his opinion, most of North America and Europe should recite ve’sein tal umatar during the summer months. Although we do not follow this approach, someone who recites ve’sein tal umatar at a time when his country requires rain should not repeat the Shmoneh Esrei, but should rely retroactively on the opinion of the Rosh (Shulchan Aruch and Rama 117:2). Similarly, someone who recited ve’sein tal umatar as part of Boreich Aleinu in error after the Seventh of MarCheshvan should not repeat Shmoneh Esrei afterwards, unless he lives in a country where rain is not necessary at this time (Birkei Yosef 117:3; cf. Shu”t Ohalei Yaakov #87 of Maharikash  who disagrees.). 

 

With this introduction, we can now begin to discuss the questions at hand. What should someone do if he lives in Eretz Yisroel, but is in chutz la’aretz, or vice versa, during the weeks when there is a difference in practice between the two places? As one can imagine, much halachic literature discusses this shaylah, although I am surprised to report that I found no discussion concerning this question dating back to the Rishonim. I found three early opinions, which I quote in chronological order:

 

Opinion #1.

The earliest opinion I found, that of the Maharikash (Shu”t Ohalei Yaakov #87) and the Radbaz (Shu”t #2055), discusses specifically an Eretz Yisroel resident who left his wife and children behind while traveling to chutz la’aretz. (In earlier generations, it was common that emissaries from the Eretz Yisroel communities traveled to chutz la’aretz for long periods of time to solicit funds. These poskim ruled that if the traveler left his family in Eretz Yisroel, he should begin reciting ve’sein tal umatar on the Seventh of MarCheshvan, following the practice of Eretz Yisroel, regardless of whether he himself was then in Eretz Yisroel or in chutz la’aretz. However, if he is single, or alternatively, if he is traveling with his family, then when he begins reciting ve’sein tal umatar depends on whether he will be gone for the entire rainy season. If he leaves Eretz Yisroel before the Seventh of MarCheshvan and intends to be gone until Pesach or later, then he recites ve’sein tal umatar according to the practice of chutz la’aretz. If he intends to return before Pesach, then he recites ve’sein tal umatar beginning on the Seventh of MarCheshvan even though he is in chutz la’aretz.

 

The key question here is, what is the criterion for determining when someone recites ve’sein tal umatar? These poskim contend that it depends on his personal need. If his immediate family is in Eretz Yisroel and therefore requires rain already on the Seventh of MarCheshvan, he begins reciting ve’sein tal umatar then, even though he himself is in chutz la’aretz. This is considered that he has a personal need for rain (Shu”t Igros Moshe, Orach Chayim 2:102).

 

Opinion #2.

The Pri Chodosh (Orach Chayim 117) quotes the previous opinion (of the Maharikash and the Radbaz) and disputes with them, contending that only one factor determines when the traveler begins reciting ve’sein tal umatar – how long he plans to stay abroad. If he left Eretz Yisroel intending to be away for at least a year, he should consider himself a resident of chutz la’aretz (for this purpose) and begin reciting ve’sein tal umatar in December. If he intends to stay less than a year, he should begin reciting ve’sein tal umatar on the Seventh of MarCheshvan. Furthermore, the Pri Chodosh states that whether one leaves one’s immediate family behind or not does not affect this halacha.

 

These two approaches disagree what determines when an individual recites ve’sein tal umatar. According to Opinion #1 (the Maharikash and the Radbaz), the main criterion is whether one has a personal need for rain as early as the Seventh of MarCheshvan. According to Opinion #2 (the Pri Chodosh), the issue is whether one is considered a resident of Eretz Yisroel or of chutz la’aretz.

 

According to this analysis of Opinion #2, a resident of chutz la’aretz who intends to spend a year in Eretz Yisroel begins reciting ve’sein tal umatar on the Seventh of MarCheshvan, whereas, if he intends to stay less than a year, he follows the practice of chutz la’aretz (Pri Megadim; Mishnah Berurah; cf. however Halichos Shelomoh Volume 1 8:28 pg. 107). However according to Opinion #1, he would being reciting ve’sein tal umatar on the Seventh of MarCheshvan if he or his family intend to spend any time during the rainy season in Eretz Yisroel. Thus, we already know some background to Question #2 above, concerning a yeshiva bachur or seminary student in Eretz Yisroel. According to Opinion #1, they should follow the Eretz Yisroel practice, whereas according to Opinion #2, they should follow the chutz la’aretz practice if they intend to stay for less than a year.

 

Opinion #3.

The Birkei Yosef quotes the two above-mentioned opinions and also other early poskim who follow a third approach, that the determining factor is where you are on the Seventh of MarCheshvan. (See also Shu”t Dvar Shmuel #323.) This approach implies that someone who is in Eretz Yisroel on the Seventh of MarCheshvan should begin praying for rain even though he intends to return to chutz la’aretz shortly, and that someone who is in chutz la’aretz on that date should not, even though he left his family in Eretz Yisroel.

 

Dvar Shmuel and Birkei Yosef explain that someone needs rain where he is, and it is not dependent on his residence. Birkei Yosef points out that if there is a severe drought where he is located, it does not make any difference whether he lives elsewhere; he will be a casualty of the lack of water. This was certainly true in earlier generations, when water supply was dependent on local wells. Even today, when water is supplied via piping from large reservoirs, this opinion would still rule that the halacha is determined by one’s current location, and not one’s permanent residence.

 

Opinion #3 (the Birkei Yosef’s approach) is fairly similar to that of Opinion #1 (the Maharikash and the Radbaz) in that both approaches see the determining factor to be temporary need and not permanent residency. However, these two opinions dispute several details, including what is the ruling of someone in chutz la’aretz whose family remains in Eretz Yisroel. According to Opinion #1, this person begins ve’sein tal umatar on the Seventh of MarCheshvan, whereas Opinion #3 contends that he begins only when the other bnei chutz la’aretz do.

 

Why does Opinion #3 disregard his family being in Eretz Yisroel as a factor, whereas Opinion #1 is concerned with this fact? Birkei Yosef explains that praying for rain for one’s family when one is in chutz la’aretz is praying for an individual need, which one does in Shma Koleinu, not in Boreich Aleinu, since the rest of the community there has no need for rain. Opinion #1 presumably holds that praying for Eretz Yisroel when I am in chutz la’aretz is not considered praying for an individual, even though my reason to pray for rain in Eretz Yisroel is personal.

 

After analyzing these three conflicting opinions, how do we rule? Although the later poskim, such as the Mishnah Berurah, refer to these earlier sources, it is unclear how they conclude halachically. (See Shu”t Tzitz Eliezer 6:38, which contains a careful analysis of the words of the Mishnah Berurah on this subject.) Thus, an individual should ask his Rav what to do in each case.

 

TRAVELING AND RETURNING

 

What does one do if he travels and returns within these days? Assuming that he began to recite ve’sein tal umatar on the Seventh of MarCheshvan because he was in Eretz Yisroel (and he followed those opinions that rule this way, or he changed his plans), does he now stop reciting it upon his return to chutz la’aretz?

 

This question is raised by the Birkei Yosef (117:6), who rules that he continues reciting ve’sein tal umatar when he returns to chutz la’aretz.

 

What does one do if he is reciting ve’sein tal umatar, and the community is not, or vice versa — and he would like to lead the services? Birkei Yosef rules that he should not lead the communal services; however, if he forgot and did so, he should follow his own version in the quiet Shmoneh Esrei and the community’s version in the repetition (Birkei Yosef 117:8). However, Rav Shlomoh Zalman Auerbach permitted him to lead the services, ruling that he follows the community’s practice in his public prayer, and his own in his private one (Halichos Shelomoh 5:21; note that according to Igros Moshe, Orach Chayim 2:23, 29; 4:33 he should not lead the services.).

 

Let us now examine some of the shaylos we raised above:

 

Question #1:

Yankel, who lives in New York, would like to lead services when visiting Eretz Yisroel during the month of November.

 

According to all of the opinions involved, when davening privately Yankel should not recite ve’sein tal umatar until it is recited in chutz la’aretz, since he does not live in Eretz Yisroel, does not have immediate family living there, and was not there on the Seventh of MarCheshvan. As explained above, according to most opinions, he should not lead the services, since he is not reciting ve’sein tal umatar and the congregation is, whereas according to Rav Shlomoh Zalman Auerbach, he may lead the services. According to Birkei Yosef, if he is in Eretz Yisroel on the Seventh of MarCheshvan, he should begin to recite ve’sein tal umatar then, since he now has a need for rain; he should continue to recite this prayer even when he returns to chutz la’aretz. However, in this case, when returning to chutz la’aretz, he should not lead services, according to most opinions, since he is reciting ve’sein tal umatar and they are not. If he forgot and led the services, he should recite ve’sein tal umatar in the quiet Shmoneh Esrei but not in the repetition.

 

According to the Pri Chodosh (Opinion #2 above), if he is in Eretz Yisroel on the Seventh of MarCheshvan, he should not recite ve’sein tal umatar, since he lives in chutz la’aretz. Following this approach, he should not lead services when in Eretz Yisroel, but he may resume when he returns to chutz la’aretz.

 

Question #2:

Does someone attending Yeshiva or seminary in Eretz Yisroel, recite ve’sein tal umatar according to the custom of Eretz Yisroel or according to the chutz la’aretz practice?

 

The answer to this question will depend upon which of the above-quoted authorities one follows. According to Opinion #1 (the Maharikash, the Radbaz) and Opinion #3 (the Birkei Yosef), they should follow the practice of Eretz Yisroel, since they need the rain, while in Eretz Yisroel, even though they are not permanent Israeli residents. According to Opinion #2 (the Pri Chodosh), if they are staying for less than a year, they follow the practice of chutz la’aretz, whereas if they are staying longer they should begin reciting it from the Seventh of MarCheshvan. Several people have told me that Rav Elyashiv, shlit”a, rules that they should recite ve’sein tal umatar while they are in Eretz Yisroel, unless they intend to return before the end of the rainy season.

 

Question #3:

Reuven lives in Eretz Yisroel but is in chutz la’aretz on the Seventh of MarCheshvan (the day that in Eretz Yisroel they begin praying for rain). Does he begin reciting ve’sein tal umatar while in chutz la’aretz, does he wait until he returns to Eretz Yisroel, or does he follow the practice of those who live in chutz la’aretz?

 

According to Opinions # 1 and #2, he should follow the practice of those living in Eretz Yisroel, but for different reasons. According to Opinion #1, the reason is because he knows that he will return to Eretz Yisroel during the rainy season and therefore follows this approach. According to Opinion #2, since he left Eretz Yisroel for less than a year he is considered an Eretz Yisroel resident.

 

Although it would seem that the Birkei Yosef would hold that he should not recite ve’sein tal umatar until the bnei chutz la’aretz do, it is not absolutely clear that he would disagree with the other poskim in this case. One could explain that he only ruled that one follows the bnei chutz la’aretz if he is there for an extended trip, but not if he is there for only a few weeks that happen to coincide with the Seventh of MarCheshvan. For this reason, when someone recently asked me this shaylah, I ruled that he should follow the practice of those dwelling in Eretz Yisroel. Subsequently, I found this exact shaylah in Shu”t Tzitz Eliezer, (6:38) and was very happy to find that he ruled the same way I had. (However, Halichos Shelomoh 8:19 rules that he should recite ve’sein tal umatar in Shma Koleinu and not in Boreich Aleinu.)

 

CONCLUSION

 

Rashi (Breishis 2:5) points out that until Adam HaRishon appeared, there was no rain in the world. Rain fell and grasses sprouted only after Adam was created, understood that rain was necessary for the world, and prayed to Hashem for rain.  Whenever we pray for rain, we must always remember that the essence of prayer is drawing ourselves closer to Hashem.

 

 

How Are Tefillin Retzuos Made?

Iclip_image002n this week’s parsha, Avraham tells the King of Sodom that he (Avraham) will not keep "even a thread or even a shoelace" from the booty of Sodom, although all of Sodom and its populace are rightfully his property as spoils of war. The Gemara teaches that as a reward for this, Avraham’s descendents were given two mitzvos, the techeiles thread of tzitzis and the strap of the tefillin. As I have written several articles on the topic of techeiles in the past, this article will discuss the halachos of tefillin straps, and what one should ask about when purchasing them.

Although a good quality pair of tefillin should last a lifetime, the straps on the tefillin do wear out and need replacement periodically.

Of what are Tefillin made?

All parts of tefillin and all other devarim she’bi’kedusha (holy items) must come from kosher species, although not necessarily from an animal that was slaughtered in a kosher way (Shabbos 108a; Shulchan Aruch, Orach Chayim 32:12). The different parts of tefillin come from dissimilar parts of the hide of the animal, the variation being the thickness of the hide and how it is processed.

Tefillin have three major components:

1. The Parshiyos (singular, parsha). These are the parchments, which are the processed skin on which the sofer carefully writes the four sections of the Torah that are inserted into Tefillin. For the tefillin shel yad (arm tefillin), all four parshiyos are written on one piece of parchment, whereas for the tefillin shel rosh (head tefillin), each parsha is written on a separate piece of parchment.

2. The Batim (singular, bayis). These are the housing of the parshiyos and are made from thick hide. The bayis itself has three subcomponents. (a) The Ketzitzah, the cube-shaped box inside which the parshiyos are placed. (Note that it is perfectly kosher and sometimes preferred for the height of the ketzitzah to be greater than its other two dimensions; however, most pairs of tefillin are made with a cubic ketzitzah. I have written another article in which I explained this issue more thoroughly.)  (b) The Titura, the square base on which the ketzitzah rests. (c) The Ma’avarta (Aramaic for “bridge”), the extension of the titura through which the straps are inserted. In good quality tefillin, the entire bayis, that is the ketzitzah, titura, and ma’avarta, are all made from one piece of hide.

3.  The Retzuos (singular, retzua), the straps, which are made from softer leather than that used for the batim.

For the sake of Tefillin!

Tefillin must be manufactured “lishma,” for the sake of the mitzvah. In practical terms, this means that an observant Jew begins each process and declares that the production is for the sake of the mitzvah of tefillin (Shulchan Aruch, Orach Chayim 32:8).

The contemporary process of tanning hide for parchment, batim and straps is a multi-stage process, similar to the method used to tan leather for mundane uses, such as belts, shoes and handbags. However, as I mentioned above, the parchment, batim and straps for tefillin must be tanned lishmah, for the sake of the mitzvah (Shulchan Aruch, Orach Chayim 32:37 and 33:3). For this reason, it is preferable that each step be performed, or at least begun, by an observant Jew lishma. Because of this, one of the questions to be ascertained when purchasing tefillin is to what extent an observant Jew was involved in the processing of the hide. This issue impacts on the question of machine-made vs. handmade retzuos, which I will discuss shortly, and on many other important questions of tefillin manufacture.

Painting

After the tanning of the retzuos is completed, they are painted jet-black to fulfill a halacha le’Moshe mi’Sinai (Menachos 35a). The paint used may contain only kosher ingredients, and the painting of the retzuos must also be performed lishmah (Mishnah Berurah 33:18).

Is there a halachic preference for handmade retzuos?

In earlier days, tanning retzuos and other leather items involved salting the hide and then soaking it in lime wash. Today, although both salt and lime are used in the tanning process, most of the tanning of retzuos is usually accomplished by the gradual, automatic adding of other chemicals to the soaking leather after the salt and lime have been rinsed out. Thus, although early poskim ruled that placing the lime into the water lishmah is sufficient to make retzuos lishmah, this may not be true today. For this reason, most contemporary poskim rule that one should use “avodas yad” retzuos, meaning that the extra chemicals added to the water were done lishmah by a Torah-observant person (Zichron Eliyahu). However, most retzuos sold for tefillin are not avodas yad.

According to my information, most retzuos are painted by transporting them on a conveyor belt through a large, electrically powered paint sprayer. This provides an additional reason to use only avodas yad retzuos. Most Torah-observant Jews use hand matzos for the seder because of concern that machine matzos are not considered lishmah. (I am not ruling that machine matzohs are a problem for Seder use. Most poskim contend that they are fine.) In all likelihood, the manufacture and painting of machine made retzuos has greater halachic concerns than the shaylos involved in machine matzos, because of several facts, including that the processing of retzuos is not one continuous process, as I explained above. (In addition, there are and were halachic authorities who preferred use of machine matzohs because they are baked much faster, and therefore might reduce the chance of chometz. This is not a factor in the manufacture of tefillin retzuos – there is only an advantage to use of handmade retzuos, and, to the best of my knowledge, no disadvantage.) When one realizes that the mitzvah of eating matzah is only once a year, yet most people use only hand matzohs rather than machine-made, whereas the tefillin will IY”H be worn daily for decades, I believe the choice is obvious.

Checking one’s retzuos

It is important to check periodically that the retzuos on one’s tefillin are still completely black and are not cracked or faded. The Mishnah Berurah, whom many people consider the final halachic authority in these areas of halacha, rules that the entire length of the retzua must always be black (Biur Halacha 33:3 s.v. retzuos). (There are authorities who disagree, most notably Rav Yosef Chayim Sonnenfeld, who contend that it is adequate if most of the retzuah is black.) Also check that the retzuos are black all the way to their tip. Be particular to check that they are black near where the knot is tightened, because at that point the paint often rubs out. One should also check that the retzua is still wide enough near the knot and that the knot of the shel yad is touching the ketzitzah of the tefillin. If it is not, this can be corrected by a knowledgeable sofer.

While checking the retzuos, check that the batim, titura, and stitches are all perfectly square. This means that the width and the length appear to be the same length to the naked eye, and that there are no dents, nicks, or projections along the sides or in the corners of the bayis. The back corners of the batim often become rounded because of hats or taleisim that are constantly rubbing against them.  By the way, the edges of the Ma’avarta do not need to be square.

If the stitch of the titura is not taut or it loops in the middle, it is not kosher, and you should contact your batim expert. With time or damage, the stitches often loosen or move, or the batim get banged or nicked and are no longer properly square. Your local batim expert has the equipment and know-how to repair them.

Know a batim macher or batim repair expert. Every major Jewish community should have at least one person who is trained and has the equipment to repair batim. Just as the community has shatnez testers, a mohel, a butcher, a mikvah for dishes, sefarim stores, and talmidei chachamim who are trained to check mezuzos, a community must have a talmid chacham who is trained properly in the repair of batim.

If the retzuos are no longer fully black, blacken them with kosher tefillin paint. Everyone who wears tefillin should have access to kosher tefillin paint or markers.

Depending on where you live, this might be an easy item to purchase and usually comes either in a pen looking like a marker or in a small container reminiscent of correction fluid.

If someone’s retzuos are cracking in several places, he should consider replacing them.

Before painting the retzuos, one must state that he is doing it l’sheim kedushas tefillin. I once wrote a halachic teshuvah (in Hebrew) in which I concluded that someone who painted the faded parts of their retzuos, but forgot to say that they were doing it lishma, has not invalidated the tefillin and they may be worn as they are. Still, one should lechatchilah (the preferred way) be careful to say that one is blackening them l’sheim kedushas tefillin.

Must the side of the retzua be black?

The side of the retzua that lies on the skin need not be dyed at all. There is an opinion that the edges of the retzuos should also be painted black (Keses HaSofer 23:2). However, this opinion is not accepted in halachic practice (see, for example, Mishnah Berurah 33:24 quoting Pri Megadim in Eishel Avraham 33:7).

Thoroughly black

Some manufacturers of tefillin retzuos soak the entire leather in a kosher black solution so that the entire thickness of the strap is now black. From my own observation, how black the inner part of the retzua gets when this is done varies tremendously from batch to batch. Although I see no halachic requirement in this additional process, there is a practical advantage that is up to the consumer to decide. As the retzuos age, they develop more cracks. If the retzua was originally soaked in black solution, then when the leather cracks, the retzua still appears black and does not require painting. However, if the retzua is not soaked, the cracked area now appears light colored and requires painting. I have found constantly checking to see whether my retzuos are still black to be annoying, and therefore, when I purchase retzuos, I ask for those that have been soaked black to avoid this issue. From a consumer perspective, I think the added price is worthwhile, because it is probable that these retzuos can be used for a longer period of time before they become so difficult to paint constantly that one replaces them.

How wide are my retzuos?

The retzuos should be about ½ inch wide. When purchasing new retzuos, they should be wider, so that they remain the proper width even after they become stretched out.

Where should I buy my tefillin?

The individual selling tefillin and tefillin accessories (such as replacement retzuos) should be a halachically reliable person, and preferably a talmid chacham. Furthermore, he should be fully familiar not only with the halachos of tefillin, but also with the details of tefillin manufacture. From my personal experience, it is not uncommon that a person selling tefillin, although extremely ehrlich, is totally unfamiliar with the halachic issues and concerns involved. Unfortunately, many sofrim and rabbanim lack sufficient training in the practical details of tefillin manufacture.

Where not to buy your tefillin!

I’ll share with you one frightening story of my personal experience. I was once "tipped off" by someone about a manufacturer of tefillin batim who was personally not observant. Shortly thereafter, I realized that an errand would require me to be in the same city in which this manufacturer was located. I presented myself to the owner, who was clearly not observant, as a rabbi from America looking for a supplier for tefillin for his congregation, but who would like to familiarize himself with the process of how tefillin are made. One might think that the manufacturer might be interested in the possibility of making some sales, but, indeed, he would not even let me past his front door! When one realizes the myriad details involved in tefillin manufacture that require yiras shamayim, one grasps how unlikely it is that these tefillin were kosher. Yet, lots of people are purchasing these tefillin.

Ask for what you want

Assuming that one is purchasing tefillin from someone familiar with the halachos and practical aspects of tefillin manufacture, be specific what level of tefillin kashrus you are looking for. If you don’t tell him that you want tefillin that are kosher lechatchilah, you might receive tefillin that only meet the very minimum standards of kashrus. A person who discriminately buys food with high kashrus standards should not settle for less when purchasing tefillin. Such a person should order “kosher mehudar tefillin,” or “kosher tefillin with extra hiddurim.” These descriptions may also affect other questions that we have not discussed in this article, such as the quality of the writing of the parshiyos or the source of the batim.

How to maintain your tefillin

Maintaining your tefillin is fairly easy. Never leave your tefillin in direct sunlight, in a very hot place, or inside your car during the daytime. As much as possible, your hair should be dry while wearing your tefillin. Protect the corners of the batim by leaving the cover on the shel yad. (It should be noted that some poskim contend that one should not place these covers on the shel yad while one is wearing them or while making the bracha. However, since most poskim permit leaving these covers on, one may be lenient.)

Tefillin are one of the special signs that Hashem gave the Jewish people, and we should certainly excel in treating this mitzvah with the appropriate dignity. When Yidden request that their tefillin be mehadrin only, they demonstrate their reverence for the sign that bonds us to Hashem.

It’s About Time

Sorry, there are a few corrections to the last article… It’s the same article, the Rav just changed the name, and there were a couple of real corrections.

When Noach offered his korbanos after the Mabul, Hashem promised that the days of the earth will never again be changed, and that day and night will never cease. But exactly when does day end and night begin?

Quiz Question #1:

Mrs. Yunger* gave birth to two healthy twin boys, each of whom had his bris on the first day that halacha mandates, yet the younger Yunger had his bris several days earlier than his older brother. How can this happen?

Question #2:

Moshe Litvag* asks me: "I have often wondered why my chassidishe brother-in-law davens mincha after sunset, when the Mishnah Berurah rules that one should not daven this late!"

Question #3:

"My sister and I live in the same yishuv (community), and the nearest hospital is Laniado in Netanya. She went into labor on Shabbos and left for the hospital. Immediately after Shabbos I phoned the hospital to find out how she was and whether she had a boy or a girl, and was told by the gentile receptionist that she could not put the call through until after ‘Rabbeinu Tam’ time arrives, which would not be for another half an hour. Why was the gentile receptionist so frum?"

Why Did the Younger Yunger have an Earlier Bris?

Although a bris that transpires on the eighth day of the child’s life supersedes Shabbos, when a baby is born during bein hashemashos, a halachic "twilight zone" which is uncertain whether it is part of the previous day or the next one, his bris cannot transpire on Shabbos. If the older Yunger was born during bein hashemashos on Friday evening – then we cannot perform his bris on either Friday or Shabbos, and his bris is postponed to Sunday. Moreover, if Yom Tov follows Shabbos, then his bris will be delayed even more. However, his younger brother was born at a time that was certainly Shabbos, and therefore, his bris took place on Shabbos. Thus, younger Yunger had his bris before older Yunger.

When is Twilight?

When is bein hashemashos?

We all are aware that the Jewish date begins at night. But at what exact moment does one day end and another begin? Do we know the precise instant when one day marches off into history, and its successor arrives with its banner unfurled?

A verse in the book of Nechemiah might help resolve this question. There it describes the unenviable circumstances in which the Jews were rebuilding the Second Beis Hamikdash while protecting themselves from the enemies who were determined to thwart its erection: And we were continuing the construction work from daybreak until the stars come out [tzeis hakochavim] while half our men were holding spears… and at night we were on guard, while in the day we could proceed with the work (Nechemiah 4: 15- 16). Nechemiah implies that "night" begins from when the stars emerge, and the time of dusk until they materialize is still considered the previous day (see Berachos 2b; Megillah 20b).

However, we still require more definition. Which stars? Can we pinpoint the moment that the stars come out, since the stars of the firmament do not all become visible at the same time?

Additional confusion is caused by a different verse that implies that the day ends when the sun sets, as the Torah (Vayikra 22:7) proclaims: And when the sun sets, he shall become pure, stating that the final stage of purification from some types of tumah is the sunset after immersion in a mikveh. However, at sunset no stars are yet visible. Thus, this verse implies that the changing of the day transpires at sunset, not when the stars appear (see Berachos 2b).

What a Phenomenal Dusk!

Is there any discussion in the Gemara that can "shed light" on our question? Indeed, there are several passages, and much literature is devoted to understanding them. One passage (Shabbos 34b) describes certain celestial phenomena that define when bein hashemashos begins and when it ends. The commentaries debate exactly what occurrences are being described, and, unfortunately, we derive little usable information from this passage.

When Three Stars Appear

Another passage indicates that the end of the day is determined by the appearance of stars. When one star appears, it is still day. When two appear, it is bein hashemashos, and when three appear, it is night. Not large stars that appear even in the day, and not small stars that first appear at night, but middle-sized stars (Shabbos 35b).

Now the job appears easy. Let us look at the darkening firmament this coming evening and count stars!

I am sure at times you have tried. Ever spent Shabbos on a camping trip and attempted to determine the end of Shabbos by stargazing? How did you decide which stars are considered "small," "large" and "middle-sized"? And this is assuming that one does not need to deal with light pollution!

Perhaps, locating a Gemara discussion that indicates more objective criteria, such as units of time, may be more helpful in our search to determine the end of day. Does such a discussion exist in the Gemara?

Yes it does — and not only one passage, but two. However, the two passages appear contradictory!

Conflicting Gemara Passages

The Gemara in Pesachim (94a) states that the time between shekiyah, a word usually translated as sunset, and tzeis hakochavim equals four mil, which, we will assume, is 72 minutes. (This concurs with the more obvious way of explaining the opinion of the Terumas Hadeshen [#123] and the Shulchan Aruch [Orach Chayim 459:2; Yoreh Deah 69:6 with Shach] that a mil used as a unit of time equals 18 minutes.) However, a different passage of Gemara, in Mesechta Shabbos (34b), quotes a dispute in which Rabbah states that nightfall occurs three-quarters of a mil, or 13 1/2 minutes, after shekiyah, and Rabbi Yosef rules that it transpires a bit earlier, two-thirds of a mil, or 12 minutes, after shekiyah. Obviously, we need to explain why one Gemara states that nightfall occurs 72 minutes after shekiyah, and another states that it occurs only 12 or 13 1/2 minutes after shekiyah!

Rabbeinu Tam’s Explanation

Among the many resolutions to this conundrum, the two most commonly quoted are those of Rabbeinu Tam and that of the Gr"a. Rabbeinu Tam contends that these two passages of Gemara are using the word "shekiyah" to refer to two different phenomena which occur about an hour apart. The Gemara in Pesachim uses the term shekiyah to mean sunset — when the sun vanishes beyond the western horizon. Rabbeinu Tam refers to sunset as techilas shekiyah, literally the beginning of shekiyah. However, when the Gemara in Shabbos refers to "shekiyah," it does not mean sunset, but a point in time about an hour later when virtually all light of the sun’s rays is dissipated from earth. Rabbeinu Tam refers to this later time as sof shekiyah, literally the end of shekiyah, and in his opinion, until sof shekiyah occurs, it is still halachically day, notwithstanding the setting of the sun and the appearance of hundreds of stars in the firmament. All these stars are considered "large stars" whose appearance does not demonstrate that the day has ended. Only at sof shekiyah does it become bein hashemashos, the time when we are uncertain whether it is day or night. At sof shekiyah, bein hashemashos has begun, meaning that now there are two, but not three, visible "middle-sized" stars, and we await the appearance of the third "middle-sized" star to know that it is now definitely night. (However, cf. Minchas Kohen for a variant understanding of Rabbeinu Tam’s position.)

Since according to Rabbeinu Tam it is definitely still day until about an hour after sunset, many authorities contend that there is no problem with davening mincha considerably after sunset (however, note that Rabbeinu Yonah ruled differently, even according to Rabbeinu Tam). Thus, there are communities who base themselves on this approach and daven mincha well after sunset.

Rabbeinu Tam and a Friday Night Birth

According to Rabbeinu Tam, a baby born 58 minutes after sunset on Friday evening, and certainly any time earlier, was born halachically on Friday and not on Shabbos. In Rabbeinu Tam’s opinion, this baby’s bris takes place the following Friday. A baby making his appearance a bit later is considered to be born during bein hashemashos and cannot have his bris on Shabbos because maybe bein hashemashos is still Friday — which makes Shabbos his ninth day of life. This bris will be postponed to Sunday. However, if he is born a bit later on Friday evening, at a time when it is definitely Shabbos, then the bris is performed on Shabbos

It goes without saying that according to Rabbeinu Tam, one may not perform any melacha on Saturday night until a considerable time has passed after sunset. There are various opinions exactly when Shabbos is definitely over according to Rabbeinu Tam, but most people assume that Shabbos is over by 72 minutes after sunset (Biur Halacha).

By the way, at this point we can answer our third question above: why the telephone lines at Laniado hospital are not open to non-pikuach nefesh related calls until more than a half hour later than the time Shabbos ends according to most calendars. The founder of the hospital, the Klausenberger Rebbe, insisted that Shabbos be observed at the hospital until it is over according to Rabbeinu Tam.

The opinion of the Gr"a

Since we know that many highly observant Jews do not wait this long for Shabbos to end, there must be another way of interpreting the two passages of Gemara that reaches a different halachic conclusion. Indeed, one such approach is presented by the Gr"a, who follows a completely different approach as to why the Gemara in Pesachim states that tzeis hakochavim does not occur until 72 minutes after sunset, whereas the Gemara in Shabbos has tzeis hakochavim occurring much earlier. The Gr"a contends that both passages use shekiyah to mean sunset, and this is the same sunset to which we customarily refer — however, they are not referring to the same tzeis hakochavim. The Gemara passage in Pesachim that refers to tzeis hakochavim being 72 minutes after sunset means that all visible stars of the firmament can now be seen, a time that the Gr"a calls tzeis kol hakochavim, literally, when all the stars have appeared, whereas the Gemara in Shabbos refers to the time at which three "middle-sized" stars are visible. The Gr"a concludes that sunset begins the time of bein hashemashos, the time when we are uncertain whether it is day or night, with tzeis hakochavim occurring when three "middle-sized" stars are visible. The Gemara in Pesachim that requires 72 minutes until the stars appear is not discussing when the day ends — the day ended much earlier — but is concerned about when all remnants of sunlight vanish.

According to the Gr"a’s opinion, once sunset arrives on Friday, it may already be Shabbos, and we therefore refrain from performing any melacha from this time, and consider this time to be already bein hashemashos. In the Gr"a’s opinion, a baby born after sunset Friday will have his bris performed on Sunday a week later unless he is born after three "middle-sized" stars appear, in which case (assuming that the baby is healthy) his bris will be performed on Shabbos. (In practice, since we are uncertain exactly which stars are called "middle-sized," we wait a bit longer, see Biur Halacha to 393.) According to Rabbeinu Tam, this same baby would have his bris performed on Friday unless he is born at least 58 1/2 minutes after sunset. If he is born between 58 1/2 minutes and 72 minutes after sunset Friday evening, according to the Gr"a his bris is on Shabbos, whereas according to Rabbeinu Tam his bris will be on Sunday. Both agree that a baby born later than this on Friday evening will have his bris performed on Shabbos.

The Gr"a rules that one should not daven mincha after sunset, since this is already a time at which the previous day may have already passed. Thus, it is already time to daven maariv.

How do we rule?

Although in the past there were Torah communities which did not follow the Gr"a at all, even regarding the onset of Shabbos, today, it is universally accepted to consider it Shabbos from sunset on Friday. Many communities follow the Gr"a’s opinion fully, and do not wait until 72 minutes after sunset on Saturday to end Shabbos. In a responsum on the subject, Rav Moshe Feinstein took great umbrage to this approach, contending that since a large number of Rishonim followed Rabbeinu Tam’s approach, one should act stringently and not end Shabbos until after "Rabbeinu Tam time" is over (Igros Moshe, Yoreh Deah 4:17:26).

*all names have been changed to protect privacy

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