I will not be sending out any articles during Chol Hamoed. Prior to Pesach, I will be sending out an article on Kosher cheese in honor of Parshas Shmini. Why prior to Pesach? Those readers who live in Eretz Yisrael will be reading that Parsha on the day after Pesach, which is Acharon shel Pesach for those who live outside Eretz Yisrael.

The Jewish communities of EY and of chutz la’aretz will be on different parsha schedules for the six weeks after Pesach. I will be sending out articles according to the EY schedule, and those living in Chutz la’aretz who read the article at the Shabbos table can hold the articles for an extra week and read them according to their reading.

The seventh yahrzeit of Rav Shlomoh Wolbe, the most published mussar and hashkafah author of our generation, falls on the 17^th of Nissan. I would like to share with our readers what I wrote at the time:

Rav Shlomoh Wolbe passed on to the yeshiva shel maalah during Chol HaMoed Pesach, leaving the following tzavaah:

“I request and command that I not be eulogized in any format whatsoever. Furthermore, I should not be described by any title or honor, not as a “gaon,” and not as a “tzadik,” not even by initials such as zt”l.”

In keeping with the Rav’s wishes, we are providing a brief sketch of his life, followed by a description of part of the rich legacy of writings he left behind, but we are omitting the appropriate hesped.

Born in Berlin shortly before the outbreak of the First World War, Rav Wolbe’s early education was in Berlin, in the Frankfurt Yeshiva, and then in Rav Botchko’s yeshiva in Montreux, Switzerland. In the 1930’s, he decided to attend Yeshiva in Eastern Europe, spending several years in Mir, Poland, where he became a close talmid of the mashgiach Rav Yerucham Levovitz, and, after Rav Yerucham’s passing, of Rav Chatzkal Levenstein, his successor. Throughout Rav Wolbe’s life, he viewed himself as a talmid muvhak, a disciple, of Rav Yerucham, and as a transmitter of the mussar tradition that traces back to Rav Yisroel Salanter.

THE WAR YEARS

When the Soviet armies overran the town of Mir in the opening weeks of World War II, the Yeshiva fled to Lithuania. Rav Wolbe, who was a German national, was forced to separate from the Yeshiva and spent the war years in neutral Sweden. While in Sweden, Rav Wolbe lectured to the local Jewish population, in essence creating what was possibly the first kiruv rechokim program in the modern world. He and Rav Wolf Jacobson, the local Rav, became the Swedish contacts for the Vaad Hatzalah and also created a seminary for young women who had survived the inferno of Europe, usually without any surviving family members. During this period of his life, Rav Wolbe authored hashkafah seforim in both Swedish and German for outreach purposes.

After the war, Rav Wolbe moved to Petach Tikvah, Eretz Yisroel, where he married his rebbitzen, tichyi, who is a daughter of Rav Avraham Grodzinsky, Hy"d, the last mashgiach of Slobodka. Through his rebbitzen, Rav Wolbe was a nephew of HaRav Yaakov Kaminetzky, zt”l, and a brother-in-law of HaRav Chayim Kreiswurth, zt”l.

AS A MASHGIACH

In 5708\1948, Rav Wolbe joined Rav Moshe Shmuel Shapiro, shlit”a, in opening the Yeshivah Gedolah of Be’er Yaakov. Rav Shapiro became the Rosh Yeshiva, and Rav Wolbe, mashgiach, a position he held for over 35 years. Later, he served as mashgiach in the Lakewood Yeshiva in Eretz Yisroel and he opened Yeshivas Givat Shaul. Rav Wolbe gave “mussar shmoozen,” “vaadin” (more informal lectures, usually to smaller groups), and lectures in many yeshivos and other public and private forums. He also created batei mussar, where he delivered shmoozen and vaadin to long-standing talmidim, seasoned talmidei chachomim who developed into great gedolim and mussar experts themselves.

Rav Wolbe published the substance of many of his lectures in several seforim on a wide variety of topics. In each volume, he wrote a forward explaining the purpose for that particular sefer and the place and context where he had delivered the original lectures, shmoozen, or vaadin. His name does not appear in any of his seforim.

DERECH HALIMUD- LEARNING STYLE

Rav Wolbe himself points out a key component to much of his teaching: “One must learn how to approach a statement of Chazal – to study the depths of its pshat and to experience it until the hidden light of Chazal’s statement illuminates you” (Alei Shur, pg. 9).

What did he mean? This sounds a bit like confusing rhetoric.

Often, the simple meaning of Chazal’s statement is unclear. Yet, if we review the statement over and over, suddenly we realize a deeper and truer understanding of what Chazal meant. At this point, the meaning of the statement illuminates us –whereas before, it had eluded us.

ALEI SHUR

Rav Wolbe published his first Hebrew work, Alei Shur, to provide today’s Yeshiva student with a basic guide to assist him to become a ben Torah. This book, which the author spent thirteen years writing and revising, clarifies the basic areas to concentrate working on in order for a person to ascend to higher levels in his personal service of Hashem. It swiftly became a classic and is a standard studied text.

Alei Shur defines a yeshiva as a place where one learns to live, not just to learn (pg. 31). Based on sources in Chazal, Rav Wolbe contends that learning Torah with bad midos such as hate, competition, or jealousy, is not considered learning Torah. Learning Torah must assist in the development of one’s midos, or it is without value.

In the same context, Rav Wolbe quotes the Rambam who notes that the word “chaver” carries two different meanings. It means a close friend, but it also means a talmid chacham (see Rambam, Peirush HaMishnayos, D’mai 2:3). This is because talmidei chachamim become the only true close friends, since their bond to others is based on their essence as giving people. Thus, someone intensely involved in learning Torah will be extremely careful that all interactions he has with people are pleasant.

WHY DO WE KEEP MITZVOS

Rav Wolbe points out the following anomalous problem that sometimes afflicts Torah Jews. Many people observe mitzvos because of habit – that is how they grew up – but not because they enjoy observing the mitzvos. If you ask them, “Why do you keep mitzvos?” their true answer is, “Because that’s how I was brought up.”

Rav Wolbe notes that this answer is equivalent to asking someone, “Why are you eating lunch?”, and he answers, “Because that’s how I was educated.” This answer is obviously ridiculous. We eat because we are hungry.

Similarly, we should be observing mitzvos because we are hungry for these mitzvos. Therefore, we should perform mitzvos with enthusiasm, because we enjoy them (Alei Shur, Pg. 51).

ALEI SHUR AS A GUIDE

Rav Wolbe felt a yeshiva bachur must develop expertise in four basic areas aside from the regular Gemara curriculum of the Yeshiva.

1. He must know the halacha that affects him. In Rav Wolbe’s interpretation, this means he should learn all of Mishnah Berurah.

2. He should know Chumash with Rashi and Ramban. This forms the basis for one’s hashkafah on Yiddishkeit.

3. He should know Pirkei Avos, with the commentary of Rabbeinu Yonah. Chazal gave us Mesechta Avos as a basic primer in midos, and Rabbeinu Yonah’s commentary on Avos is the best method for internalizing this primer.

4. He should be conversant in Mesilas Yesharim, which Rav Wolbe calls “the dictionary for midos.”

Rav Wolbe contends that one who devotes a small amount of his Yeshiva learning to each of these pursuits consistently will complete all four projects within four years.

This assumes, of course, that the person is highly organized. Rav Wolbe believed strongly in being structured. In his own words, “The greater the person is, the more organized is his life” (Alei Shur, Pg. 68).

TEFILLAH

In the Second Chapter of Alei Shur, Rav Wolbe discusses the importance of tefillah to a human being. “The ability to pray defines a human being. Animals also wage war, construct homes, and live social lives. But only mankind can relate to the Ribono shel Olam and daven” (Alei Shur, Pg. 27). Thus, someone who does not pray properly does not perform any daily activities different from an animal. Only one devoted to tefillah demonstrates the uniqueness of the human being.

“Each davening performed with understanding is a qualitatively different experience and has its own unique feeling and quality. It is indeed impossible that two tefillos should be identical — even though the words are identical. One can compare this to riding a train watching a beautiful landscape. Although the scenery may appear the same, the experience is different from moment to moment. At each moment, one sees the scenery from a different perspective.

Similarly, someone davening should constantly see himself and his relationship with Hashem from a different perspective — just as the traveler is looking at the scenery with a different, fresh perspective.”

UPS AND DOWNS

Alei Shur even addresses the emotional ups and downs of the typical yeshiva bachur.

Chapter 6 consists of a correspondence with a yeshiva bachur going through a difficult time, where he sees no success in his learning — he is not remembering what he learned, nor is he focusing enough to understand the shiur or the sugya.

Rav Wolbe points out that a person goes through cycles. There are times when one is not learning well, and one’s davening and midos also suffer. Rav Wolbe notes that the source of this difficulty is usually to be found in comparing oneself to others and coming up short. Instead, acknowledging one’s skills and qualities, and recognizing one’s shortcomings helps one realize that comparing one’s share in learning and avodas Hashem to another’s is counterproductive. Although I may not remember a sugya as well as others do — if I need to review it many times to retain it, I will have a much greater kinyan on the information than do those who absorb the information quickly. (Apparently, Rav Wolbe wrote thousands of such chizuk letters during his lifetime!)

Rav Wolbe focused on his talmidim’s needs, both individually and as a group. He directed his topic and the intensity of his delivery to his audience. One talmid related that he returned to Yeshiva Be’er Yaakov many years after he had studied there in the ‘50s and noted that Rav Wolbe’s shmooze was less intense. When he asked the mashgiach about this, Rav Wolbe answered: “You belong to a different generation. The generation born before the war received shmoozen that were very intensive experiences. Today’s generation cannot tolerate this type of shmooze.”

Yet, when Rav Wolbe published the second volume of “Alei Shur,” thirty years after the first, he notes that the style of the second volume is more intense — since the audience for these shmoozen were his older, more seasoned talmidim. Thus, there is a vast difference between Volume 1 of Alei Shur, which is general hadracha for a ben Torah, and volume 2, which reflects the result of “workshop vaadin” for developing elevated midos.

A talmid once asked Rav Wolbe how long it takes to prepare a shmooze. He answered: “It takes five years to learn how to give a schmooze, five years to learn how to give a vaad, and five years to learn how to talk to someone.”

This was indeed another facet to Rav Wolbe’s personality – the ability to empathize with the suffering of another. Someone bringing him a problem could see the intensity and anguish on his face as he identified with the questioner’s difficulty. Recently, someone related that he was unable to discuss a personal matter with Rav Wolbe because of the latter’s weak condition, and instead discussed the matter with one of Rav Wolbe’s talmidim. He described how he witnessed the same intensity and anguish on the talmid’s face that he was familiar with seeing on Rav Wolbe’s. Thus, Rav Wolbe has successfully trained a new generation of leaders of mussar for Klal Yisroel.

EDUCATING A GENERATION

Among his many works, Rav Wolbe authored two very important guidebooks, one which is now used everywhere to teach chassanim how to be good husbands, and the other, “Zeriya Ubinyan Bechinuch,” on the Torah’s fundamentals of childrearing. In both instances, the purpose of publishing the sefarim is to spread the principles that he taught to a larger audience.

Rav Wolbe noted that sometimes people think they are giving their children proper chinuch, but in reality just the opposite is happening.

He provides the following examples:

Insisting that a child remain at the Shabbos table when he is too young. In this instance, although the parents feel that this is important for the child’s chinuch, it is totally counter-productive to force a child to do what he is not ready for. The expectations for a child must always be appropriate to his age.

Parents who grew up in impoverished homes often raise their children by spoiling them- to “make up” for their own impoverished origins. However, this is counterproductive for the child’s needs.

Often parents say, or imply, that their child should achieve what the parents accomplished, or what the parents aspired to accomplish – even when this may not be within the child’s capabilities or inclinations. The parents may want their son to be a Rosh Yeshiva or at least to be involved in full-time learning, but the child’s personality is more appropriate to being an elementary school rebbe, an outreach professional, or a frum businessman!

The result is that the child never learns to serve Hashem in his own unique way. He is being forced to be what he cannot be, and therefore will not be successful at it — while at the same time, he is being hampered from developing to his own greatest potential. In the end, he ends up becoming a non-success.

Timing is everything in child-rearing. One should neither start too early nor wait until too late. Also, there must be a tremendous balance between too much involvement in the child’s growth and too little.

Rav Wolbe was opposed to hitting children, both by parents and by mechanchim. He had his own original way of explaining the passage from Mishlei “Chosech shivto soneh bno,” “One who withholds the rod, hates his child.” To fully appreciate Rav Wolbe’s explanation of this passage and his approach, I refer you to read what he writes himself. (The book is available in English translation.)

OUTREACH MANUALS

Possibly the most unusual of Rav Wolbe’s writings are his books “Bein Sheishes Le’asor,” and “Ohr LaShav” which are based on lectures he gave to non-observant audiences after the Six Day War.

During the Six Day War a new teshuvah movement began, as many secular people recognized the miracle of the war. Rav Wolbe asked a shaylah from Rav Chatzkal Levenstein, who was at the time the mashgiach in Yeshivas Ponevitz, whether he should become involved in outreach in addition to his other responsibilities. Rav Chatzkal ruled that whoever is capable of being involved in kiruv rechokim is obligated to do so, and that Rav Wolbe should be involved to the extent that it did not disturb his responsibilities in the yeshiva.

As a result, Rav Wolbe gave lectures on the basics of Jewish belief at army bases, in secular Kibbutzim, and to academic audiences. Rav Wolbe began his first lecture with these words, “You invited me to tell you about Judaism, and why the religious parties often create problems for the general public.” (Bear in mind that non-observant audiences in Israel are, unfortunately, often hostile to Torah and observant Jews.) Another lecture began, “Many ask, is it possible to change halacha to accommodate the modern world, and how can a modern world be run according to halacha?”

Notice that he was unafraid to deal with controversy and felt that he could convince his hostile audience of the beauty of Torah. As a well-known mechanech once told me “I doubt that there is a baal teshuvah today who is not influenced by his teachings.”

In these lectures, Rav Wolbe blended halacha and hashkafah in such a way that someone who was totally non-observant would be drawn to the beauty of Yiddishkeit, while, at the same time, someone halachically committed would suddenly gain new insights into his observance of mitzvos. A secondary purpose in publishing these lectures was to teach frum people how they could influence others and be mekareiv rechokim.

Rav Wolbe’s scientific knowledge of the world shows through in these lectures, as well as the importance he placed on being able to communicate the beauty of Torah in a sophisticated way. Indeed, a talmid told me that he once gave a vaad in the Yeshiva on the correct way to write a letter!

BECOMING A “BAR DAAS”

Personally, I have found one of Rav Wolbe’s smaller seforim to be even more powerful. A few years ago, he published a volume entitled “Pirkei Kinyan Daas,” “Chapters on Acquiring Daas.” (I have intentionally not translated the word “daas,” because I think translating it here defeats the purpose of Rav Wolbe’s work.) This book is based on seventeen lectures (shmoozen) given over a period of 40 years.

Rav Wolbe notes the following:

To grow as a Torah Jew, a person must have daas. 

Most individuals do not have a natural sense of daas and need to be taught. Our generation is particularly short on daas. This can be demonstrated by the following:

1. The rampant problem today of lack of self-confidence, which he contends is a modern phenomenon.

2. People being frozen into indecision by their “feelings.”

3. Accepting certain realities that we should endeavor to change, while at the same time attempting to change things that we should accept.

4. Overreaction to frustration.

5. Lack of marital stability.

What is daas and how does one achieve it? This is the subject of the sefer, which is a “must read.” But then, all of Rav Wolbe’s writings are “Must Reads!”

Much of Rav Wolbe’s thought was never published, and we hope to see further dissemination of his machshava in the near future, so his works can impact a wider audience. Tehei Nafsho Tzerura Bitzror HaChayim. May he be a meilitz Yosher for Klal Yisroel, a People he truly loved, collectively and individually.

Avraham Sweet, the proprietor of Candy Andy, wants to know:

"I have a gift business in which I sell glass candy bowls filled with candies, fruits, and nuts. Must I toivel these dishes before I fill them?"

Introduction:

In Parshas Matos, the Torah teaches: Regarding the gold and the silver; the copper, the iron, the tin and the lead: any item that was used in fire needs to be placed in fire to become kosher, yet it must also be purified in mikveh water. In addition, that which was not used in fire must pass through water" (Bamidbar 31:22-23). From these verses we derive the mitzvah of tevilas keilim, the mitzvah to immerse metal implements in a kosher mikveh or spring prior to using them for food. The Gemara (Avodah Zarah 75b) notes that this immersion is required even if the vessel has never been used. In other words, this mitzvah is unrelated to the requirement to kasher equipment that was used for non-kosher food and to the laws related to purifying implements that became tamei.

The Gemara (Avodah Zarah 75b) further states that in addition to metal items intended for food use, we are also required to immerse glass dishes, because both metal and glass share a similarity – they are repairable by melting and reconstructing. This renders them different from vessels made of stone, bone, wood or earthenware, all of which cannot be repaired this way.

What Types of Dishes must be Immersed?

The Gemara cites a dialogue about the mitzvah of immersing new vessels that is highly instructive:

"Rav Nachman said in the name of Rabbah bar Avuha: ‘One can derive from the verse that one must immerse even brand new items, because used vessels that were purged in fire are as kosher as those that are brand-new, and yet they require immersion.’

"Rav Sheishes then asked him: ‘If it is true that the mitzvah of immersing vessels is not because of kashrus concerns, then maybe one is required to immerse even clothing shears?’

"Rav Nachman responded: ‘The Torah only mentions vessels that are used for meals (klei seudah)’" (Avodah Zarah 75b).

Rav Sheishes suggested that if the immersion of utensils is not a means of kosherizing a non-kosher vessel, then perhaps we have many more opportunities to fulfill this mitzvah, and it applies to any type of paraphernalia — even cameras, cell phones and clothing shears!

To this, Rav Nachman retorted that the Torah only includes items used for klei seudah — literally, implements used for a meal. Thus, the mitzvah of tevilas keilim applies only to utensils used for preparing food, and not those intended for other purposes.

Klei Seudah – Appliances Used for Meals

We should note that Rav Nachman did not require immersion for all food preparation utensils, but only required immersion of klei seudah, items used for meals. We will soon see how this detail affects many of the halachos of tevilas keilim. But, alas, what exactly are considered klei seudah, and how is this different from simply saying that all food implements must be immersed?

Klei Sechorah — "Merchandise"

The halachic authorities note that a storekeeper does not toivel vessels he is planning to sell, since for him they are not klei seudah, utensils that he intends to prepare food with or eat with, but items he intends to sell. Later authorities therefore coined a term "klei sechorah," utensils used as merchandise, ruling that these items do not require immersion until they are purchased by the person intending to use them (based on Taz, Yoreh Deah 120:10). Furthermore, several halachic authorities contend that the storekeeper cannot immerse the vessels prior to sale since there is as yet no requirement to immerse them (Shu’t Minchas Yitzchak 8:70). This is based on a comment of the Rama which implies that tevilah performed before one is obligated to immerse a utensil, such as while it is still owned by a gentile, does not fulfill the mitzvah and must be repeated after the utensil becomes the property of a Jew (Rama, Yoreh Deah 120:9). Thus, reciting a beracha on this precipitative tevilah would be a beracha levatalah.

Based on this discussion, we can now address our above-mentioned question:

"I have a gift business in which I sell glass candy bowls filled with candies, fruits, and nuts. Must I toivel these dishes before I fill them?"

I was actually involved in the situation that precipitated this question. We received a filled glass candy bowl as a gift, including a note from the proprietor that the bowl had already been toiveled. I called the owner of the business to inform him that, in my opinion, not only is he not required to toivel the dish, but I suspect that the tevilah is premature and therefore does not help. My reasoning is that, although the proprietor fills his dishes with nuts and candies, from his perspective the bowl is merchandise. The dish therefore qualifies as klei sechorah which one need not immerse, and therefore immersing them does not fulfill the mitzvah. As a result, not only is the proprietor not obligated to immerse the dishes, but doing so fulfills no mitzvah, and it is a beracha levatalah for him to recite a beracha on this tevilah. Including a note that the dish was toiveled is detrimental, since the recipient will assume that he has no requirement to toivel this dish, whereas in fact the end user is required to immerse it. For these reasons, I felt it incumbent on myself to bring this to the attention of the owner of the business.

The proprietor was very appreciative. He told me that in truth it was a big hassle for him to toivel the dishes, but he had been assuming that halacha required him to do so before he could fill them with nuts and candy.

Shortly after writing these words, I received the following shaylah:

"I wanted to ask you whether one must toivel an item that one is giving away as a present. When I studied the topic, I concluded that even if I purchase a utensil that requires tevilah, but I am planning on giving it to someone, it does not have a chiyuv tevilah until it reaches the recipient’s hands. Only then does it become kli seudah. This would also apply, for example, if someone gave a shalach manos bowl filled with candy, etc.; the utensil wouldn’t require tevilah until the person receives it. What do you think?"

To which I answered:

"It seems to me that since one is purchasing the item for someone’s personal use, and not to sell, that it should have a chiyuv tevilah at this point. Only items meant to be merchandise are absolved from tevilah."

And then I received the following response:

"Who says that the recipient is going to use the utensil at his table? Indeed, I had the very same shaylah tonight. My wife took a small receptacle that was holding a plant, filled it with nuts and dried fruit, and brought it to someone as a present. Who said that the recipient will use it afterwards for food? Maybe it will be a candleholder, a decorative piece, etc. It doesn´t become kli seudah until she decides what she will use it for."

The point the correspondent is making is that it may indeed be that this item will never be a food utensil, and therefore never be required to be immersed. Only the end user determines whether the item is indeed a food utensil, and therefore until he decides what to do with it, there is no requirement to immerse it.

Conclusion

According to Rav Hirsch, metal vessels, which require mankind’s mining, extracting and processing, represent man’s mastery over the earth and its materials. Whereas vessels made of earthenware or wood only involve man shaping the world’s materials to fit his needs, the manufacture of metal demonstrates man’s creative abilities to utilize natural mineral resources to fashion matter into a usable form. Consuming food, on the other hand, serves man’s most basic physical nature. Use of metal food vessels, then, represents the intellectual aspect of man serving his physical self, which, in a sense, is the opposite of why we were created — which was to use our physical self to assist our intellect to do Hashem’s will. Specifically in this instance, the Torah requires that the items produced be immersed in a mikveh before we use them, to endow them with increased kedusha before they are used for food. This demonstrates that although one may use one’s intellect for physical purposes, when doing so one must focus on the spiritual aspect that is served by the physical.

*Name has been changed to protect the confidence of the individuals involved.

Question:

Personally, I find the different terms used in reference to matzoh very confusing: On the one hand, I have been told that if one is working on the dough constantly, one need not be concerned if more than eighteen minutes elapses before the matzoh is baked. On the other hand, I have been told that if eighteen minutes elapses, the dough becomes chometz. And then I see a product advertised as “Eighteen minute matzoh.” I thought that if it is more than eighteen-minute matzoh, it is chometz. Also, could you explain to me the advantages of hand matzoh over machine matzoh, and if there is a valid reason why some people use only shmura hand matzoh for the entire Pesach.

Answer:

In order to answer your question, it is necessary to explain the process of making matzoh. Although matzoh is the simplest of products, just flour and water, a tremendous amount of detail is involved in preparing it in a halachically correct way. We will divide our discussion into three headings: the flour, the water, and the manufacture.

The flour requirements

To fulfill the mitzvah of eating matzoh on seder night, one must be certain that the flour was “guarded” to guarantee that it did not become chometz.

It is important to clarify that there are two different halachic issues. The first factor is that one must be careful that the matzoh is baked in a way that it does not become chometz, so that one does not, G-d forbid, violate the prohibition of eating chometz on Pesach. This concern exists for all matzoh that one may consume any time during Pesach.

However, even if one is guaranteed that the matzoh is 100% free of any concerns that it has become chometz, there is an additional requirement so that the matzoh eaten at the seder fulfills the mitzvah of eating matzoh. This matzoh must be made lishmah – meaning, that one must supervise the process and be sure that the matzoh not become chometz, specifically for the sake of fulfilling the mitzvah.

The concept of lishmah

There are several mitzvos that can be performed only with an item that is made lishmah: this means that it is manufactured with the specific intention to be used for the mitzvah. These include the mitzvos of tzitzis, tefilin, mezuzah, and matzoh. Thus, for example, the leather used in the manufacture of tefilin must be tanned specifically for the kedusha of the mitzvah of wearing tefilin. For this reason, when placing the hide into the chemical solution that makes the hide into usable parchment or leather, one must state that it is being manufactured lishmah. Even a small job such as blackening the tefilin straps should be performed specifically for the sake of the mitzvah of tefilin. For this reason, prior to repainting one’s tefillin, one should state that he is doing this for the sake of the mitzvah of tefilin.

In a similar way, the manufacture of matzoh is required to be lishmah. For this reason, before beginning work in a matzoh bakery, the workers say: Kol mah she’ani oseh hayom hareini oseh lesheim matzos mitzvah, “Everything that I am doing today, I am doing for the sake of producing matzohs that will be used for the mitzvah.”

Although the Gemara (Pesachim 40a) discusses the fact that the flour used for the mitzvah of matzoh must be prepared lesheim matzos mitzvah, it does not state clearly at what stage this is necessary. Among the early poskim, there are three opinions as to the stage from which one is required to guard the flour from becoming chometz and from which one must prepare the flour lesheim matzos mitzvah: from the time of harvesting, from the time of grinding, or from the time of kneading. Shulchan Aruch rules that it is preferable to "guard" the wheat from the time of the harvest, but it is satisfactory to use wheat that was guarded only from the time of grinding. Other poskim require lishmah from the time of the harvest. In normal usage, "shmura matzoh" refers to matzoh guarded from the time of the harvest.

Harvesting lishmah

There is a dispute among Rishonim whether any act that must be performed lishmah can be performed only by a Jew, or whether it can be performed by a non-Jew who is instructed by a Jew standing over him to perform this act lishmah. This dispute has major ramifications for many mitzvos, such as preparing hides to be made into parchment for writing tefilin, mezuzos and sifrei torah, and preparing hides for manufacture into tefilin “batim” and tefilin straps, or preparing threads for manufacture into tzitzis. According to the first opinion, hide that was tanned by a non-Jew for the sake of the mitzvah is not kosher for use. According to the second opinion, if a Jew stands and instructs the non-Jew to tan the hide lishmah and remains near him, the resulting hide or parchment can be used for the mitzvah.

Based on the above dispute, some contend that a Jew should operate the controls that cause a combine to harvest the wheat to be used for shmurah matzoh.

At times, it seems that matters were simpler when wheat was harvested by hand. A friend of mine, who was born in the Communist Soviet Union, described to me how his father harvested wheat for matzoh baking with a hand-held sickle. However, even harvesting the wheat by hand under these circumstances creates its own interesting shaylah. Poskim rule that when cutting grain for matzoh in a non-Jew’s field, one should preferably not cut the grain that he himself intends to use for mitzvas matzoh (see Sdei Chemed vol. 7 pg. 377). This is because of concern that the field might have been originally stolen, and thus the matzoh baked with wheat from this field might be considered stolen matzoh, which is invalid for matzos mitzvah. There is a complicated halachic reason why this concern does not exist when harvesting wheat for someone else to use.

The water requirements: Mayim shelanu, water that remained overnight

The Gemara states that all matzoh used on Pesach must be baked exclusively with water that remained overnight, called mayim shelanu (Pesachim 42a). One should draw this water from a spring, well, or river during twilight (or immediately before) and leave it in a cool place for a minimum of one complete night to allow it to cool down (Shulchan Aruch 455:1 and commentaries). Maharil contends that it is preferred to draw the water the day before the baking, rather than draw water several days in advance (quoted by Be’er Heiteiv 455:7). The water should not be drawn or stored in a metal vessel, since metal conducts heat and thus causes the water to become warm (Magen Avraham 455:9). In addition, the water should not be drawn or stored in a vessel that has been used previously to hold other liquids (Magen Avraham ibid.). The latter vessel is not to be used out of concern that some liquid may mix with the water, and this may cause the dough to rise faster than it would otherwise. Many contemporary poskim frown on the use of tap water for matzoh baking out of of concern that the fluoride and other chemicals introduced into the water may cause the dough to rise faster (see Piskei Tshuvos 455:7).

It goes without saying that one may not use warm water for making matzohs, nor may one work in a warm area (Pesachim 42a; Shulchan Aruch 455:2). It is important to note that the requirement for mayim shelanu is not only for the matzohs eaten at the seder; all matzohs eaten the entire Pesach must be baked exclusively with mayim shelanu.

The manufacture of the matzoh

There are many halachos implemented by Chazal to guarantee that the dough does not become chometz prematurely. For example, one must wait a day or two from when the wheat is ground until it is mixed with the water (Shulchan Aruch 453:9). This is because of concern that the flour may still be warm from the friction of the grinding, and will therefore leaven too quickly. One may not knead the matzoh dough in a place exposed to the sun or in a warm area. One must be very careful that the heat from the matzoh oven does not spread to the area where the dough is kneaded or where the dough remains until it is ready to be placed inside the oven (Shulchan Aruch 459). Thus, a matzoh factory must be set up in a way that the kneading area is close enough to the oven to allow for speedy baking of the matzoh and yet be positioned in a way that the kneading area is not heated up by the oven.

Eighteen minutes

Our original question was: I have been told that, technically speaking, if one is working on the dough constantly, one need be concerned if more than eighteen minutes elapses before it goes into the oven. On the other hand, I have also been told that one may not pause once one begins to work the dough out of concern that the dough will become chometz immediately. And I have also been told that the Gemara and Shulchan Aruch state that one cannot wait more than eighteen minutes after the water is added to the flour. Which of these statements is correct?

We now have enough background information to address this question.

As strange as this answer may seem, all the above statements are correct, as we will explain. Shulchan Aruch rules that one should not leave the dough for even a moment without working it, and that if one leaves dough for eighteen minutes without working on it, the dough becomes chometz. Furthermore, Shulchan Aruch states that once the dough has become warm from working with it, it will become chometz immediately if it is left without being worked (Orach Chayim 459:2). This implies that once the dough is warm from the kneading, it becomes chometz immediately if one stops working on it. Although there are more lenient opinions regarding whether the dough becomes chometz immediately, all opinions are in agreement that one must not allow any unnecessary waiting without working on the dough (see Mishnah Berurah 459:18; Biyur Halacha ad loc.; Chazon Ish, Orach Chayim 121:16). Thus, in practical halacha, it is really a much bigger concern that the dough is kneaded constantly than whether it actually took eighteen minutes from start to finish.

Machine Matzoh

Although the use of machine matzoh for Pesach has now become almost universally accepted, it is educational to understand the dispute that existed among nineteenth-century poskim concerning eating machine-made matzohs for Pesach. When the first factories began producing machine made matzoh for Pesach use, many great poskim, including Rav Yosef Shaul Natanson, author of the multi-volume work Shaylos u’Teshuvos Sho’el u’Meishiv, were vehemently opposed to their use on Pesach. Their opposition centered primarily over the following three major issues:

1. The economic factor: There was a major concern that the introduction of the machine matzoh would seriously affect many Jewish poor, who were gainfully employed in kneading and baking matzohs. Although the problem of Jewish poor is unfortunately still with us, it is doubtful that the increased use of hand matzohs would have significant impact on their plight.

2. The chometz factor: There were major concerns whether the factories were producing matzoh that met all the above-mentioned halachic requirements. Among the concerns raised were: Is the machinery thoroughly cleaned after each run, or does there remain dough in place, stuck to it for more than eighteen minutes? Is the dough being worked constantly, or is it left to sit after it has begun to be worked?

In the contemporary world, a factory for baking matzohs can be planned and constructed in a way that a very minimal amount of dough adheres to equipment, and mashgichim can supervise that whatever dough remains can be removed swiftly. One who purchases machine-made matzoh is relying on the supervising agency or rabbi to guarantee that the operation is run in a proper fashion.

3. The lishmah factor: There is another issue involved in the manufacture of machine matzohs – Is it considered lishmah? Is the intent of the person operating an electrically-powered machine for the sake of manufacturing matzoh considered making matzohs lishmah? The same issue affects many other halachic questions, such as the spinning of tzitzis threads by machine, and the manufacture of leather for tefilin straps and batim (or parchment). There is much discussion and dispute about this issue raised in the poskim, and it is still disputed by contemporary poskim. (See Sdei Chemed, Vol. 7, pgs. 396-398; Shu”t Maharsham 2:16; Chazon Ish, Orach Chayim 6:10 s.v. vinireh d’ein tzorech; Mikra’ei Kodesh, Pesach II pgs. 11-17.) It is primarily for this reason that most halachically-concerned people today who use machine-made matzoh on Pesach still use hand-made matzoh for the seder.

Problems that emerge during the baking:

There are two very common problems that can occur while the matzoh is being baked: A matzoh that is kefula (folded) and one that is nefucha (swollen). A matzoh kefula is a matzoh folded in such a way that the area between the folds is not exposed directly to the flame or heat of the oven. This area between the folds does not bake properly, and thus, that section of the matzoh becomes chometz-dik and must be discarded (Rema 461:5). A matzoh nefucha is a matzoh that swells up, usually because it was not perforated properly (Rema 461:5 and Taz). Thus, while baking, air is trapped inside the matzoh. The matzoh looks as if it has a large bubble in it. If the swollen area is the size of a hazelnut, the matzoh should not be used (Mishnah Berurah ad loc. #34).

To avoid discovering these problems on Yom Tov, it is a good idea to check one’s matzohs before Yom Tov to be certain that none of the matzohs are kefula or nefucha. I can personally attest to having found both among the matzohs that I had intended to use for the seder. One should also verify that the bakery separated challah from the matzohs, or else be certain to separate challah before Yom Tov.

Is there an advantage in eating only shmura matzoh the entire Pesach?

There are poskim who recommend eating only shmura matzoh the entire Yom Tov. There are two reasons cited for this practice. Some are concerned that when the grain ripens, it can become chometz even while still on the stalk. By eating no matzoh other than shmura, one guarantees that this problem not occur, since shmura wheat is harvested before it is fully ripe (Biur Halacha to 453:4 s.v. Tov). A second reason for the practice of eating only shmura is to fulfill the mitzvah of eating matzoh the entire Pesach. Although there is no requirement to eat matzoh except for the seder night, one fulfills a mitzvah each time one eats matzoh during Pesach (see Baal HaMaor, end of Pesachim). Some contend that one should strive to fulfill this mitzvah with matzoh that is made lishmah from the time of harvesting. According to both approaches, this practice is a chumra only and not halachically required.

Your very own Matzoh

The halachah is that one can fulfill the mitzvah of matzoh only by eating matzoh that is your property. Thus, one cannot fulfill the mitzvah with stolen matzah. Some have the practice of being certain that they have paid for their matzoh before Pesach, in order to demonstrate that the matzoh is definitely theirs (based on Mishnah Berurah 454:15).

There is an interesting dispute between poskim whether a guest at someone else’s seder fulfills the mitzvah with matzoh that is the property of the host. Sfas Emes (commentary to Sukkah 35a s.v. bigemara asya) contends that one does not fulfill the mitzvah, unless one owns the matzoh enough that one would be able to sell it. Since a guest cannot sell the matzoh that the host is serving, Sfas Emes contends that a host must give each of his guests their matzoh as a present before they fulfill the mitzvah. However, the universally accepted practice is to follow the opinion of the Mishnah Berurah (454:15), who states that one fulfills the mitzvah with borrowed matzoh.

We should all be zocheh to eat our matzoh this year together with Korban Pesach in Yerushalayim.

WHAT IS THE MINIMUM GIFT TO FULFILL THE MITZVAH?

There are several opinions regarding the minimum gift needed to fulfill the mitzvah. The Maharasha contends that one must give each person an amount significant enough to be respectable (Chiddushei Agados, Megillah 7a s.v. shadar). Some contemporary poskim rule this way.

Zera Yaakov (Shu”t #11) contends that it is sufficient if the poor person could purchase a minimum meal with the gift, which he defines as bread the size of three eggs (quoted in Pischei Teshuvah 694:1). Thus according to this opinion, one fulfills matanos la’evyonim if one gives three slices of bread to each of two poor people (or enough money for each to purchase three slices of bread).

Ritva contends that one is required to give only the value of a prutah, a copper coin worth only a few cents (Ritva, Megillah 7b; Menoras HaMaor; Shu”t Maharil #56). Mishnah Berurah (694:2) rules this way and one can certainly follow this approach.

HOW MUCH SHOULD ONE STRIVE TO GIVE?

The above amounts are indeed extremely paltry matanos la’evyonim and only define the minimum amount to fulfill the mitzvah. There are two other rules that are important:

Firstly, one should give money to every person who asks for a tzedakah donation on Purim without verifying whether he has a legitimate tzedakah need (see Yerushalmi Megillah 1:4). We will explain the details of this halacha later. (It is obvious that one should not make a major donation without verifying that the need is legitimate.)

Secondly, one should calculate how much one intends to spend for shalach manos and the Purim seudah and then designate a greater amount of money for matanos la’evyonim (Rambam, Hilchos Megillah 2:17).

MATANOS LA’EVYONIM VERSUS SHALACH MANOS

Question: Assuming that one has limited resources, which is more important to give, many gifts to the poor or many shalach manos?

One should give a greater amount of matanos la’evyonim and limit how much shalach manos he sends (Rambam, Hilchos Megillah 2:17).

IS IT BETTER TO GIVE A LOT TO A FEW POOR, OR A LITTLE TO EACH?

The Bach rules that someone with 100 gold coins to distribute for matanos la’evyonim should distribute one coin to each of 100 poor people rather than give it all to one individual because this makes more people happy (Bach 695 s.v. v’tzarich lishloach). According to Rav Elyashiv, it is better to give two large gifts that will make two aniyim happy than to give many small gifts that are insufficient to make the recipients happy (quoted in Shevus Yitzchok on Purim, pg. 98).

These two Piskei halacha are not in conflict — quite the contrary, they complement one another. The mitzvah of matanos la’evyonim is to make as many poor people happy as possible. Receiving a very small gift does not place a smile on a poor man’s face, although it fulfills the minimal requirements of the mitzvah as noted above. However, both the Bach’s gold coin and Rav Elyashiv’s large gift accomplish that the poor person becomes happy. Therefore, giving each person enough of a gift to bring a smile to his face is a bigger mitzvah than giving a very large gift to one person and being unable to bring a smile to the others. Thus, the optimal way to perform the mitzvah is to make as many people happy as possible.

MAY MATANOS LA’EVYONIM COME FROM MAASER FUNDS?

The minimal amount that I am required to give may not be from maaser funds just as one may not spend maaser money on other mitzvos (Shu”t Maharil #56; Magen Avraham 694:1). The additional money that I give may be from maaser (Magen Avraham 694:1). However, since I concluded that one is not required to give more than one perutah to each of two poor people, two perutos are worth only a few cents. Therefore, once can assume that virtually all one’s matanos la’evyonim may come from maaser money.

DO I FULFILL THE MITZVAH WITH MONEY GIVEN BEFORE PURIM?

If the poor person receives the money on Purim, one is yotzei (Be’er Heiteiv 695:7; Aruch HaShulchan 694:2). Therefore, one can fulfill the mitzvah by mailing a contribution if one is certain that the poor person will receive it on Purim. If the poor person receives the money before Purim, one is not yotzei (Magen Avraham 694:1).

Similarly, one does not fulfill the mitzvah of matanos la’evyonim if the ani does not receive the money until after Purim.

DO I FULFILL MATANOS LA’EVYONIM BY DONATING MONEY TO AN ORGANIZATION?

If the organization distributes the money to the poor on Purim, I can perform my mitzvah this way.

DOES GETTING A TAX DEDUCTION PRECLUDE ME FROM FULFILLING MATANOS LA’EVYONIM?

If I donate the money through an institution that will distribute the money on Purim, I can fulfill the mitzvah and also deduct the donation from my tax liability.

CAN I FULFILL THE MITZVAH BY CHECK?

If the poor person can convert the check into cash or food on Purim, then I fulfill the mitzvah (Shvus Yitzchok pg. 99, quoting Rav Elyashiv).

DOES MY WIFE NEED TO GIVE HER OWN MATANOS LA’EVYONIM?

A woman is obligated in matanos la’evyonim (Shulchan Aruch 695:4). Magen Avraham states “I did not see that people are careful about this, possibly because this rule applies only to a widow or other woman who does not have a husband but that a married woman fulfills her obligation by having her husband distribute for her. However, one should be more machmir.” Thus according to the Magen Avraham, a woman should distribute her own money to the poor. It would be acceptable for a husband to tell his wife, “I am giving matanos la’evyonim specifically on your behalf,” but it is better if he gives her the money for her to distribute or gives the money to a shaliach to be zocheh for her, and then gives the money to the ani. Although most poskim follow the Magen Avraham’s ruling, some rule that a married woman fulfills the mitzvah when her husband gives, even without making any special arrangements (Aruch HaShulchan 694:2), and others contend that a married woman has no responsibility to give matanos la’evyonim (Pri Chodosh, quoting Maharikash).

MUST I GIVE MONEY?

No. One fulfills the mitzvah by giving the poor either food or money (Rambam). However, one should give the poor person something that he can use to enhance his celebration of Purim (see Pri Megadim, Mishbetzos Zahav 694:1).

MUST THE POOR PERSON USE THE MONEY FOR PURIM?

No. The poor person may do whatever he wants with the money (see Gemara Bava Metzia 78b).

MAY ONE FULFILL THE MITZVAH AT NIGHT?

One does not fulfill the mitzvos of matanos la’evyonim, shalach manos, or the Purim meal if they are performed at night (see Machatzis HaShekel 694:1).

HOW POOR MUST A PERSON BE TO QUALIFY FOR MATANOS LA’EVYONIM?

The Mishnah (Peah 8:8) states that someone who owns less than 200 zuz qualifies to collect most of the Torah’s gifts to the poor, including maaser ani, the second tithe reserved for the poor, and peah, the corner of the field left for them. What is the modern equivalent of owning 200 zuz? Contemporary poskim rule that someone whose income is insufficient to pay for his family’s expenses qualifies as a poor person for all halachos including matanos la’evyonim. This is assuming that he does not have enough income or savings to support his family without selling basic essentials (Piskei Teshuvos 694:2).

DOES A POOR PERSON HAVE A MITZVAH OF GIVING TO THE POOR?

Does the mitzvah of matanos la’evyonim apply to the poor? Is there an easy way for him to perform it?

The Tur (694) states that “Chayov kol adam litein matanos la’aniyim,” “Every person is obligated to give matanos la’evyonim.” What is added by emphasizing “kol,” everyone? The Bach explains that this emphasizes that even a poor person, who is himself a tzedakah recipient, must also give.

Is there an inexpensive way for a poor person to give matanos la’evyonim?

Yes, he can give part of his seudas Purim to another poor person and the other poor person reciprocates. Thereby, they both fulfill matanos la’evyonim (Mishnah Berurah 694:2). Also, note that according to what I concluded above, a poor person can give a quarter to each of two other paupers and thereby fulfill the mitzvah.

MAY ONE USE MONEY COLLECTED FOR MATANOS LA’EVYONIM FOR A DIFFERENT PURPOSE?

One may not use money collected for matanos la’evyonim for a different tzedakah (Gemara Bava Metzia 78b). This is because the people who donated the money expect to fulfill two mitzvos with their donation: tzedakah and the special mitzvah of matanos la’evyonim. Thus, if one uses the money for a different tzedakah purpose, they fulfilled the mitzvah of tzedakah, but not the mitzvah of matanos la’evyonim.

If someone decided to give money for matanos la’evyonim, he is required to give it for this purpose even if he did not say so (Mishnah Berurah 694:6, quoting Hagahos Ashri).

PURIM VERSUS SHUSHAN PURIM

Do residents of Yerushalayim and other ancient walled cities who observe Purim on the fifteenth of Adar (often referred to as “Shushan Purim”) fulfill the mitzvah of matanos la’evyonim by giving to the poor who observed Purim the day before? Do people who observe Purim on the Fourteenth fulfill the mitzvah by giving to the poor of Yerushalayim when it is not yet Purim for them? These are good questions that are debated by contemporary poskim.

In the words of the Rambam (Hilchos Megillah 2:17), “It is more important to provide more gifts to the poor than to have a more lavish Purim seudah or send more shalach manos. This is because there is no greater and honored joy than bringing happiness to orphans, widows and the needy. Someone who makes the unfortunate happy is likened to Hashem’s Divine Presence, as the pasuk says: ‘He who revives the spirit of the lowly and brings to life the heart of the crushed,’” (Yeshayah 57:15).

Thirty Days has September, April, June, November, Tishrei, Shvat, Nissan, Sivan, Av and sometimes Cheshvan^[1] and Kislev. Yet a reading of Mishnah Rosh Hashanah implies that whether a month has 29 days or 30 depends on when the witnesses saw the new moon and testified in Beis Din early enough to declare the thirtieth day Rosh Chodesh. In addition, the Gemara^[2] notes that Elul could be thirty days long, something that cannot happen in our calendar. How did our empirical calendar become so rigid and predictable in advance? Come with me as we explore the history and foundations of the Jewish calendar!

The Torah (Shemos 12:2) commands the main Beis Din of the Jewish people, or a Beis Din specially appointed by them, to declare Rosh Chodesh upon accepting the testimony of witnesses who observed the new moon (Rambam, Hilchos Kiddush HaChodesh 1:1, 7; 5:1). The purpose of having eyewitnesses was not to notify the Beis Din of its occurrence; the Beis Din had extensive knowledge of astronomy and already knew exactly when and where the new moon would appear and what size and shape it would have (Rambam, Hilchos Kiddush HaChodesh 2:4; Ritva on the Mishnah Rosh Hashanah 18a). The moon’s location and speed is constantly influenced by many factors, but the wise scholars of the tribe of Yissachar calculated where and when it would appear.

The Molad

As the moon orbits earth, we on earth observe it as passing through its various phases, from the very smallest crescent until full moon, and then shrinking until it disappears completely. This monthly cycle occurs because the moon has no light of its own, and only reflects sunlight back to earth. As the moon travels around the earth, the angle at which it reflects light changes. This evidences itself in the moon’s changing phases. When the moon is on the side of the earth away from the sun, we see the full moon, because it is now at an angle whereby the entire side is reflecting light to us. However, when the moon is on the side of earth nearest the sun, we see no reflection of its light at all, and that is the point of every month when the moon disappears from earthly view. The molad is the point at which the moon crosses the plane between the earth and the sun, which means it is the beginning of a new cycle, called in English the new moon and in technical jargon the point of conjunction.

From the time of the actual molad you can calculate when the moon will become visible. Chazal always kept secret how one can predict when the new moon was to appear so as to avoid false witnesses abusing the knowledge of this information (Rambam, Hilchos Kiddush HaChodesh, 11:4).

The purpose of having eyewitnesses was not to notify the Beis Din of its occurrence; rather, the Torah required the Beis Din to wait for witnesses to determine whether the 30^th day (of the previous month) would be the last day of the old month or the first day of a new month. If no witnesses to the new moon testified on the 30^th day, then the new month does not begin until the 31^st day, regardless of the astronomic calculations (Mishnah Rosh Hashanah 24a). Thus, prior to the establishment of our current "permanent" calendar, any month could be either 29 or 30 days, dependent on when the new moon appeared and whether witnesses arrived in Beis Din to testify about this phenomenon.

By the way, we should be aware that the above description follows the opinion of the Rambam, that the preferred and original mitzvah is to declare Rosh Chodesh based on the testimony of witnesses. However, there are several early authorities, including Rav Saadyah Gaon and Rabbeinu Chananel, who hold that the primary mitzvah is to declare Rosh Chodesh on the basis of the calculations, and that use of witnesses was implemented because of certain circumstantial issues.

According to either approach, the calendar printers could not go to press until the Beis Din had declared Rosh Chodesh, which probably explains why calendar manufacture in those times was a difficult business in which to turn a profit. Perhaps this is why organizations mailed out so few fundraising calendars in the days of Chazal!

There is another commandment of the Torah – that Pesach must always occur in the Spring (Devarim 16:1). This seemingly innocuous obligation actually requires considerable manipulation of the calendar, since the months, derived from the word moon, are determined by the length of time from one new moon to the next, which is a bit more than 29 1/2 days. However, the year and its seasons are determined by the relative location of the sun to the earth, which is a bit less than 365 1/4 days. By requiring Pesach to always be in the spring, the Torah required that the calendar could not be exclusively twelve lunar months, since this would result in Pesach wandering its way through the solar year and occurring in all seasons.^[3]

Among contemporary calendars, most make no attempt to accommodate the solar year and the lunar month. What we refer to as the common secular calendar, or the Gregorian calendar, is completely based on the sun. Although the year is broken into months, the use of the word "months" is borrowed from its original meaning and has been significantly changed since the months have no relationship to any cycle of the moon. Most of the secular months have 31 days, while the lunar cycle is only about 29 1/2 days, and even those secular months that have 30 days do not relate to any phase or change in the moon. Similarly, the length of February as a month of either 28 or 29 days has nothing to do with the moon. Thus, although the word month should correspond to the moon, the Western calendar is purely a solar one, with a borrowed unit "month" given a meaning that distorts its origins.

The Moslem calendar is purely a lunar calendar of twelve lunar months, some 29 days and some 30, but has no relationship to the solar year. In truth, a pure lunar calendar has no real "year," since a year is based on the relative locations of the sun and the earth and the resultant seasons, and the Moslem year completely ignores seasons. The word "year" is used in the Moslem sense only as a basis for counting longer periods of time, but has no relationship to the sun. Thus the Moslem "year" is only 354 or 355 days long — almost 11 days shorter than a true solar year. Therefore, a Moslem who tells you that he is 65 years old is really closer to 63 according to a solar year count. He has counted 65 years that are at least ten days shorter. I trust that Guinness takes these factors into account when computing longevity, and insurance companies realize this when calculating actuarial tables.

To review: the Moslem calendar accurately tracks the moon and the months, but has no relationship to a true year, and the Western secular calendar is fairly accurate at tracking the year and its seasons, but has no relationship to the moon and its phases.

It is noteworthy that although the Moslem "year" does not correspond at all to a solar or western year, it closely corresponds to our Jewish year in a "common" year which is only twelve months long, and the Moslem month follows closely the Jewish calendar month. (We will soon explain why there is sometimes a discrepancy of a day or two.) Thus, for three years recently, Ramadan, the Moslem holy month, corresponded to our month of Elul, although this year Ramadan falls in Av. It is accurate to say that the Moslem year "wanders" its way through the seasons as it takes 33 years until a specific month returns to the same corresponding time in the solar year, and in the interim the month has visited each of the other seasons for several consecutive years. Thus, Ramadan will not coincide with Elul again this generation, but falls in Av for three years, with Tamuz for two years, and then with Sivan, etc.

However, when Hashem commanded us to create a calendar, He insisted that we use the moon to define the months, and yet also keep our months in sync with the seasons, which are dependent on the sun; to determine the dates of the Yomim Tovim. The only way to do this is to use the Jewish calendar method of occasionally adding months – thereby creating 13 month years, which we call "leap years," to offset the almost 11 day difference between twelve lunar months and a solar year. The result of this calendar is that although each date does not fall exactly on the same "solar date" every year, it falls within a fairly close range relative to the solar year.

Who determined which year has thirteen months?

The original system was that the main Beis Din (also known as the Sanhedrin) appointed a smaller special Beis Din to determine whether the year should have an extra month added. This special Beis Din took into consideration:

1) Astronomical data, such as: When Pesach will fall out relative to the vernal equinox (the Spring day on which day and night are closest to being equal in length).

2) Agricultural data, such as: How ripe is the barley? How large are the newborn lambs and pigeons?

3) Weather: Is the rainy season drawing to a close? Is it a famine year?

4) Convenience – or more specifically, the halachic inconvenience of creating a leap year: Shemittah was never made into a leap year, and the year before shemittah usually was.

5) Infrastructure, such as: In what condition were the highways and bridges.

All of these points influenced whether the thirteenth month, the extra Adar, would be added.^[4] When this system was in place, which was from the time of Moshe and Yehoshua until almost three hundred years after the destruction of the Beis Hamikdash, the main Beis Din sent written messages notifying outlying communities of the decision to create a leap year and the reasons for their decision.^[5]

By the way, after the destruction of the Beis HaMikdash, the main Beis Din was not located in Yerushalayim, but wherever the Nasi of the Jewish people resided, as long as it was in Eretz Yisrael. This included several other communities at various times of Jewish history, including Teverya, Yavneh, and Shafraam.^[6] Indeed, during this period sometimes the special Beis Din met outside the land of Israel — should the head of the Beis Din be in the Diaspora and there be no one of his stature remaining in Eretz Yisrael.^[7]

This explains how the calendar is intended to be calculated.  I have not yet explained why and how our current calendar came to be. This will be discussed in a future article.

^[1] Although the correct name of the month is Marcheshvan, we will follow the colloquial use of calling it Cheshvan.

^[2] Rosh Hashanah 19b, 20a

^[3] Rambam, Hilchos Kiddush HaChodesh 4:1

^[4] Sanhedrin 11a- 12a

^[5] Sanhedrin 11b; Rambam, Hilchos Kiddush HaChodesh 4:17

^[6] Rosh Hashanah 31b

^[7] Berachos 63a; Rambam, Hilchos Kiddush HaChodesh 1:8

How is olive oil produced?

There are approximately seven hundred olive varieties, or cultivars, whose distinctive tastes and aromas are developed and marketed, just as viniculture develops distinctive varieties of fine wine. Specialty olive oil producers have mastered the methods whereby they breed, grow, and produce their oil. The highest quality olive oil is produced by painstakingly harvesting the fruit by hand to assure that it is not damaged, even though this method drives up the cost tremendously. Olives for quality oils are picked and milled within hours, to minimize oxidation and enzymatic reactions, which leave unpleasant tastes and odors in the oil and decrease its taste and fragrant qualities. These bouquet oils, like vintage wines, compete among connoisseurs for their taste. These oils are the Rolls-Royce of the olive industry and are sold privately or in gourmet shops, similar to the way one would acquire vintage wines.

Olives are almost unique among oil sources in that olive oil can be consumed in its crude form without refining. Almost all other edible oils: soy, canola, corn, cottonseed, peanut, palm, etc. require extensive refining using heat and chemicals to make the oil palatable. Furthermore, unrefined olive oil conserves most of its nutrients, whereas refining often destroys them.

What is extra virgin oil, and what is virgin oil?

The oil produced by the methods described above is called virgin or cold-press oil. The term cold press can have many meanings, but in common parlance it refers to oil that is extracted without heating the olives or the use of chemicals. However, one should bear in mind that the term "cold press" actually has no legal meaning. Someone selling refined oil as cold press would be violating an industry standard, but cannot be prosecuted for violating the law. It is also important to note that the term virgin oil has no legal meaning in the United States, although there are many countries in the world where the term has a legal meaning. In those countries, someone selling refined olive oil as virgin oil can be prosecuted for violating the law. However, someone selling refined oil as virgin olive oil in the United States is exempt from prosecution, either civil or criminal.

There are four categories of virgin oil: extra virgin, virgin, ordinary virgin and virgin lamp oil.

Extra virgin oil

The official Italian standard for extra virgin oil is that its taste is excellent and has no defects, and that the oil has an acid content of less than 1%. The lower the acid content, the better the taste. Extra virgin oil is the Cadillac of the olive industry.

Virgin oil is not required to meet as high a standard for taste, but still has a positive taste profile, and contains acid content of up to 2%.

Ordinary virgin oil

Never heard of this? There is a reason why – either its taste is considered inferior or its acid content is greater than 2%. These are the Chevies of the olive industry. Usually, this oil undergoes further processing, which is called refining, to remove the excess acid and make it more palatable, and the resulting product should not be called virgin oil, but should be sold as "refined olive oil" or "olive oil" missing the adjective "virgin." Technically, if the oil is exclusively refined olive oil it may not be sold as "olive oil," but if it is a blend of "refined olive oil" and "ordinary virgin" oil it can be called "olive oil." This is the type of olive oil that is used in canned sardines packed in olive oil.

Virgin lamp oil

The most inferior category of cold press or virgin oil is called virgin lamp oil, or sometimes by its Italian name – lampante. This is oil whose taste is considered inedible, and therefore will probably not be used for food, but more likely for kindling or other non-food use. This raises a very interesting observation, since the Torah was more concerned that the oil used for kindling in the Menorah in the Mishkan should be only of the highest quality and was less concerned about the quality of oil used to produce the korbanos mincha, the meal offerings. This curiosity is not lost on the Midrash-

In the custom of the world, if someone has bad oil, he kindles it, and his good oil he cooks with. In the ohel moed and the Mikdash, one did not do this. Only the purest oil went for lighting, and the second quality went for the menachos (Midrash Tanchuma, Tetzaveh 6).

Olive oil for kindling

Olive oil for kindling is usually refined from inferior oil not considered acceptable for human consumption. Is there any halachic problem with use of this oil for kindling Chanukah lights?

The earliest source that I found who discusses this issue is the Rashba, in his Toras Habayis (Bayis IV, Shaar I, page 28), the work he wrote, as the title suggests, as a handbook for proper household mitzvah observance. In his discussion about kashrus, he mentions the case where someone discovered a mouse in the oil he had intended to use for food, and whether this oil can now be donated to illuminate a shul. The Rashba compares this to the Talmudic discussion that results from the prophet Malachi’s (1:8) derisive rebuke: “And when they offer a blind animal as an offering, have they perpetrated no evil? And when they offer a lame or sick animal, is this not evil? And if they offered it to their idol, would he accept it or view it favorably?” We see from this verse that it is unacceptable to offer an inferior item in the Beis Hamikdash. The Gemara then derives from this verse that one may not use inferior items for Kiddush or to perform other mitzvos. One should use only quality items for serving Hashem, not items for which one has no other use. The Pri Megadim (Eishel Avraham 154:19) specifically includes the oil one uses for Ner Chanukah under this prohibition.

Returning to our mouse in the cooking oil, the Rashba concludes that if the oil is halachically not kosher, one may not use it to illuminate the shul, similar to the prohibition against use of a sick or otherwise inferior animal as a korban. However, if the oil is halachically permitted to eat, such as when the rodent parts can be filtered out, one may kindle this oil in shul. The rationale appears to be that one is not attempting to pawn off inferior items by using them for a sacred purpose, which is the despicable activity that Malachi decried. When one could use the item for oneself, but chose not to, it is appropriate to use it for a mitzvah.

Other authorities prohibit lighting shul lamps with this contaminated oil even when it is halachically kosher and one could eat it (Magen Avraham 154:19, quoting several earlier authorities). These authorities contend that serving Hashem with an item that one personally considers disgusting is prohibited.

Based on the above discussion, I have heard people say that they use oil that one cannot or would not eat, either because of kashrus concerns or because of health concerns, for Chanukah lights. It is very common to find olive oil sold as “not for human consumption,” or “for kindling only” either because the solvents or other chemicals used to extract or refine the oil are not food grade, because this oil was produced from inferior olives or in a way where the oil tastes bitter, or the oil was not necessarily prepared in the most sanitary environment. Are we indeed required to purchase the far more expensive food-grade olive oil for the menorah?

But we may argue that in this case, the oil does not have a disgusting appearance, as opposed to Malachi’s lame and blind animals. The Shulchan Aruch (Orach Chayim 154:12) implies that it is a concern only if the oil appears to be disgusting: If you found a mouse in the oil meant for synagogue use, if it is disgusting, one may not kindle it in the synagogue.

In addition, Malachi’s lame and blind animals would be unable to be worked and therefore may have no other suitable use other than being offered as korbanos ­­-- and perhaps this is exactly the prophet’s concern.

Several authorities permitted kindling Chanukah lights with oil that is too bitter for consumption (Ben Ish Chai, Vayeisheiv 12; Kaf Hachayim 673:11). It seems to this author that our case is comparable to their ruling, and that it is permitted to purchase lamp oil for one’s menorah.

Question #1. “We are leaving the morning after Tisha B’Av for Eretz Yisroel to attend a family simcha. Do we have to pack a suitcase full of dirty laundry and wash it upon our arrival?”

Question #2. “I am studying a Mesechta and was told not to rush to complete the siyum during the Nine Days. May I make a fleishig siyum the night after Tisha B’Av, and assuming that I can, may I rush the learning to make the siyum at that time?

Question #3. May I recite a Shehecheyanu on the night after Tisha B’Av?

BACKGROUND TO THE SHAYLAH

The Gemara (Taanis 29a) records the following: “On the Seventh of Av, the gentiles entered the Beis Hamikdash and spent three days feasting and contaminating it. As the sun was setting on the Ninth of Av, they set the Beis Hamikdash ablaze, and it continued to burn for the entire next day.” (Shulchan Aruch notes that the Beis Hamikdash burned the entire Tenth of Av, the fire finally going out as the sun set on the Tenth.) Because of this event, Rabbi Yochanan declared that had he been alive at the time of the Churban, he would have declared the fast on the Tenth of Av, rather than the Ninth. He felt that the main mourning should be on the day that the Beis Hamikdash was actually destroyed rather than on the day that the tragedy began. The halacha does not follow Rabbi Yochanan: the main observance is on the Ninth, when the destruction began. Nevertheless, the custom is to observe the Tenth of Av as a day of mourning, as we will see.

Although Chazal did not institute two consecutive days of fasting because it is dangerous for most people to go 48 hours without eating, the Talmud Yerushalmi records that Rabbi Avin fasted for two consecutive days – the entire Ninth and the entire Tenth days of Av to commemorate the tragedy on both days. Rabbi Levi, who was not as strong, fasted only the Ninth and through the night of the Tenth, but broke his fast on the morning of the Tenth. Note that these rabbonim did not require people to fast both days. Rabbi Avin felt the loss of the Beis Hamikdash so intensely that he fasted both days to grieve its loss. Rabbi Levi also felt the intensity of the Churban, but could not fast two consecutive days because of his health. Thus, he observed the Tenth of Av as a fast day to the extent that he could, refraining from ending his Tisha B’Av fast until the following morning.

The Tur (558) mentions that although we lack the strength to extend our fast into the Tenth of Av, nonetheless it is appropriate to refrain from eating meat on the Tenth. Thus, on the Tenth we eat only what is necessary to regain our strength from the Tisha B’Av fast, but not luxury items such as meat and wine. Nevertheless, we find that even in later generations there were great tzadikim who fasted both the Ninth and the Tenth of Av. Several interesting shaylahs result from this fast:

NACHEIM ON THE TENTH

Does someone who is fasting on the Tenth of Av recite Nacheim, the special prayer added to the Shmoneh Esrei of Tisha B’Av, when he is fasting the day after Tisha B’Av? On the one hand, it is no longer Tisha B’Av, so why should someone recite Nacheim? On the other hand, one is commemorating the day that the Beis Hamikdash was destroyed by fasting on that day. The Shla Hakodesh ruled that one who is still fasting on the Tenth of Av because of the churban should recite Nacheim then (quoted by Birkei Yosef). We see from his discussion that it was not unusual in his time for people to fast two consecutive days because of the Churban!

However, someone who is marrying on the night of the Eleventh of Av and is therefore fasting on the Tenth because of Taanis chassan should not recite Nacheim – because he did not fast the night before and it is therefore not a continuous fast to commemorate the churban.

FORGOT TISHA B’AV!

Some Poskim mention another interesting shaylah. A traveler without access to a Jewish calendar arrived in a Jewish community the afternoon of Tisha B’Av and discovered that he had failed to observe any of the halachos of Tisha B’Av. Since he ate the entire day because of his mistake, what should he do now? Can he observe any of the halachos of Tisha B’Av?

Firstly, he should not eat the rest of Tisha B’Av, because every piece of food that he eats violates the fast of Tisha B’Av. He is also required to observe the other halachos of Tisha B’Av until the end of the day.

What else should he do?

The gadol who paskened the shaylah ruled that he should fast and observe the halachos of Tisha B’Av on the Tenth of Av, because Chazal would have instituted the Tenth of Av as a fast were it not too difficult for people. Therefore, someone who failed to observe the Ninth of Av should fast on the Tenth (Birkei Yosef).

FASTING ON MONDAY THE ELEVENTH

Someone asked the Maharil (Shu’t #125, quoted by the Beis Yosef, Orach Chayim 558) the following shaylah. He usually fasted on the Ninth and Tenth of Av, but in the year he asked the shaylah, Tisha B’Av was on Shabbos. Thus, Sunday, the observed Tisha B’Av that year, was really the Tenth of Av. Must he fast on the Eleventh of Av in order to fulfill his practice of fasting two days of Tisha B’Av?!

The Maharil ruled that he is not required to fast on the Eleventh of Av. The reason for fasting on the Tenth of Av is because most of the Churban occurred on this day, as we explained above. But by the Eleventh the Beis Hamikdash had already finished burning and there is no reason to fast.

However, the Maharil ruled that he should refrain from eating meat on the night of the Eleventh and begin eating meat only in the morning. This is because the meal following a fast should be solemn and not include any meat or wine. Similarly, Sefer Hassidim rules that one should not eat meat or drink wine either immediately before or immediately after a fast (quoted by Shu’t Maharshal #92).

Because of these reasons, although the halacha specifically does allow one to eat fleishig immediately after Shiva Asar b’Tamuz, Asarah B’Teiveis and Tzom Gedalyah, many people have a minhag not to eat meat these nights, or at least not to eat meat immediately after the fast since these dates all commemorate events surrounding the Churban. After Yom Kippur, many have the custom specifically to eat meat in order to celebrate the forgiving of our sins.

In conclusion, the Shulchan Aruch (558) rules one should refrain from eating meat or drinking wine the entire day of the Tenth of Av, and this is the normative practice of the Sefardim. The Rama rules that one need refrain only until midday of the Tenth, and this is standard Ashkenazic practice. (However, other Ashkenazic poskim rule that one should refrain from eating meat the entire Tenth of Av [Shu't Maharshal #92].)

SOME MEATY LENIENCIES

Some contend that on the night of the Tenth one may eat food that contains meat and that one may also recite the bensching over wine (called bensching on a kos) if he usually recites the bensching over wine (Maamar Mordechai).

It should be noted that none of the poskim we have quoted so far mention refraining from any activities on the Tenth of Av other than fasting and not eating meat. Thus, one can infer that immediately after Tisha B’Av one may bathe, launder clothes, and engage in all the other activities that we refrain from during the Nine Days. This is indeed the opinion followed by both the Shulchan Aruch and the Rama (558; 551:4). However, others extend the mourning atmosphere of the Tenth of Av to other observances and say that one should not take a haircut, launder or bathe on the Tenth (Shu’t Maharshal #92, quoted by Bach 558; see also Kenesses HaGedolah’s comment, quoted by Mishnah Berurah 558:2). The standard Ashkenazic practice is to be stringent on all the halachos of the Nine Days until midday on the Tenth (Taz). However, when Tisha B’Av falls on Thursday, one may perform all these activities in honor of Shabbos (Mishnah Berurah 558:3). Sefardim are strict not to eat meat until the end of the Tenth, but most permit cutting hair, laundering and bathing.

Notwithstanding this halachic conclusion, there are some leniencies. Some poskim contend that there is no prohibition to shower on the Tenth: the prohibition is only against doing things that are pleasurable or relaxing, such as eating meat or taking a relaxing sauna (Teshuvos Vehanhagos 2:260). Others contend that under extenuating circumstances one may rely on those opinions that permit laundering on the Tenth. Therefore, someone traveling on the morning of the Tenth for a family simcha may do his laundry before he leaves (Piskei Teshuvos 558:2).

MAY ONE SCHEDULE A WEDDING FOR THE DAY AFTER TISHA B’AV?

The Mishnah states that mishenichnas Av memaatim bisimcha, when the month of Av enters, we decrease our happiness (Taanis 26b), which includes making weddings. An additional reason cited to forbid weddings is that since Av is a time of bad mazel for Jews, one should postpone a wedding to a more auspicious date (Beis Yosef 551; Magen Avrohom 551:8). However, this does not tell us how much of Av has bad mazel that precludes making weddings – clearly the minhag is not to avoid making weddings the entire month. In most places, people conduct weddings from the Eleventh of Av. However, some Hassidim have a custom not to make weddings before Shabbos Nachamu (Shu’t Minchas Elazar 3:66).

According to some poskim, one should not make a wedding on the Tenth of Av, even after midday. However, others seem to disagree since they imply that one may schedule a wedding on the day of the Tenth of Av (see Mishnah Berurah 558:2). Others, albeit a minority, even permit making a wedding the night after Tisha B’Av under extenuating circumstances (Shu’t Ramatz #40, quoted by Maharsham in Daas Torah).

SIYUM AFTER TISHA B’AV

Although the universally accepted practice is to refrain from eating meat the night after Tisha B’Av, we are more lenient than the halacha of not eating meat during the Nine Days.

Although one may eat meat at a siyum during the Nine Days, only people who would usually attend the siyum may eat meat. Other people, who might have chosen to not attend the whole year round, may not eat meat or drink wine at the siyum (Rama and Taz 551:10). Furthermore, in order to make a siyum during the Nine Days one should not rush or slow down the learning (Eliyah Rabbah 551:26; Mishnah Berurah 551:73; Aruch Hashulchan 551:28).

None of these stringencies apply to a siyum made on motza’ei Tisha B’Av: then, one may serve meat to as many people as one chooses (Mishnah Berurah 558:2). In addition, one may deliberately arrange the learning schedule so that the siyum falls on that night (Shu’t Ramatz #41, quoted by Maharsham in Daas Torah).

SHEHECHEYANU ON THE TENTH

The poskim discuss whether one may recite the bracha of Shehecheyanu on a new fruit, garment or other possession during the Three Weeks. Reciting this bracha acknowledges that Hashem has sustained us so that we can celebrate again, lazman hazeh on this special occasion.

Most poskim conclude that one may recite Shehecheyanu on Shabbos or in a case where one will not have an opportunity to recite it later, but that otherwise one should not recite Shehecheyanu on weekdays during the Three Weeks (Magen Avraham, Eliyah Rabbah, Chayei Odom; Mishnah Berurah). The poskim dispute why we do not recite Shehecheyanu during the Three Weeks. – This dispute affects whether we recite Shehecheyanu on the Tenth of Av.

According to many opinions, we do not recite Shehecheyanu during the Three Weeks because we are in mourning. These poskim assume that one may recite Shehecheyanu on Shabbos during the Three Weeks, since there are no public signs of mourning on Shabbos (Magen Avraham 551:21). According to this approach, whether and when one recites Shehecheyanu on the Tenth of Av is dependent on when we observe mourning on this day and to what extent (Shaarei Teshuvah 558:1). According to this reasoning, Ashkenazim who do not practice mourning after midday on the Tenth of Av, could recite Shehecheyanu at this point.

However according to the Ari, we refrain from saying Shehecheyanu during the Three Weeks for a totally different reason — because it is inappropriate to recite a bracha whose words are “He has sustained us for this time” when it is a time of year when so many tragedies occurred. Therefore, according to the Ari, one should not recite Shehecheyanu during the Three Weeks even on Shabbos (Shu’t Chaim She’ol #24).

According to the reasoning of the Ari, even an Ashkenazi should not recite the bracha of Shehecheyanu the entire Tenth of Av, even after midday. Although Ashkenazim do not observe any mourning in the afternoon, the reason not to recite Shehecheyanu is because the bracha is inappropriate on a day that such tragedies happened to the Jewish people. This is certainly a reason not to recite Shehecheyanu on the Tenth of Av (Aishel Avraham of Butzatsch). Other poskim contend that one may recite Shehecheyanu on the Tenth of Av since it is a less intense day of mourning (Daas Torah). This approach assumes that the reason we do not recite Shehecheyanu during the Three Weeks is because we are observing mourning practices. According to all opinions, someone who performs a mitzvah on the Tenth of Av which requires Shehecheyanu, such as a pidyon haben or a Bris (for those who recite Shehecheyanu at a bris), should recite Shehecheyanu, just as he would during the Three Weeks.

As we mentioned above, the Talmud Yerushalmi records that Rabbi Avin fasted for two consecutive days – the entire Ninth and Tenth days of Av because the loss of the Beis Hamikdash was so intense to him that he felt the need to fast both days to grieve for its loss. One might think that Rabbi Avin lived close to the time of the destruction of the Beis Hamikdash and that it was therefore a fresh personal memory for him. But in fact, he lived over two hundred years after the destruction of the Second Beis Hamikdash and 700 years after the destruction of the First. Nevertheless, he suffered such anguish from the Churban that he could not bring himself to eat on a day that the Beis Hamikdash was still burning. I have been told that Rav Yehoshua Leib Diskin went to the kosel only twice in his lifetime, although he lived in Yerushalayim. Both times he passed out from the sheer pain he felt at seeing the manifestation of the Churban!

We too should realize that the Churbanos of long ago still have an immediate impact on our lives. We should endeavor to feel the loss of the Beis Hamikdash as our personal loss for which we mourn intensely.

WHAT IS INCLUDED IN CONSTRUCTION AND PLANTING FOR “JOYOUS REASONS”?

The Mishnah Berurah rules that any construction not necessary for one’s dwelling, but performed for expansion, is prohibited (551:12). Similarly, an improvement to the appearance of a house such as painting, hanging new drapes, wall papering and all house decorating cannot be done during the Nine Days (Piskei Teshuvos). Gardening to enhance the appearance of the property is also forbidden. However, it is permitted to weed, water or mow the lawn during the Nine Days, since these activities are not for enhancement. It is also permitted to plant and maintain a vegetable garden during the Nine Days.

MAY I EXPAND MY HOUSE DURING THE NINE DAYS TO CREATE AN ADDITIONAL APARTMENT?

 While writing this article, I was asked the following shaylah: A family is expanding their residence to accommodate an additional apartment for a married daughter and her family. For the apartment to be ready on schedule, the contractor needs to work during the Nine Days. Is this permitted? It would seem that it is permitted to do this expansion during the Nine Days, since its purpose is to provide normal living accommodations, and not for enhancement.

MAY ONE ENHANCE A SHUL DURING THE NINE DAYS?

Renovations and enhancements for purposes of a mitzvah are permitted during the Nine Days. Therefore, it is permitted to beautify and enhance a shul, yeshivah, or mikvah building or grounds during the Nine Days (Rama 551:3). All repair work on existing structures is permitted during the Nine Days (Shulchan Aruch 551:1).

MAY ENHANCEMENT WORK BE PERFORMED BY A NON-JEW?

 There is a halachic difference between a non-Jew working as a Jew’s employee, or as a contractor who is paid for the job. One may not hire a non-Jewish employee to do work that a Jew himself may not do. However, a non-Jewish contractor may build an addition on a Jew’s property during the Nine Days (see Bach; Eliyahu Rabbah; Mishnah Berurah). One should offer the contractor some financial compensation to refrain from working on your property during the Nine Days, but one is not required to offer a significant amount of money to get him to wait until after Tisha B’Av (Mishnah Berurah).

WEAVING DURING THE NINE DAYS

 The Talmud Yerushalmi cites an early custom not to weave during the Nine Days. The reason for this custom is fascinating. The Hebrew word for “warp” (the lengthwise threads on a loom) is “shesi.” This word reminds us of the “shesiyah” stone, which is the foundation stone of the world on which the aron rested in the Beis HaMikdash. In order to remind ourselves that the Beis HaMikdash was destroyed, we refrain from weaving during the Nine Days (cited by the Tur and Shulchan Aruch 551:8).

WHAT PROHIBITIONS APPLY TO CLOTHING DURING THE NINE DAYS?

One may not wear new clothes during the Nine Days, nor may one tailor or purchase new clothes or shoes (Shulchan Aruch 551:6-7). Similarly, it is prohibited to dry clean clothes or iron them (Shulchan Aruch 551:3). We also refrain from changing tablecloths, towels, and bed linens (Shulchan Aruch 551:3). However, it is permitted to repair shoes and clothes during the Nine Days (Piskei Teshuvos 551:ftn. 157). Although the Mishnah and the Gemara (Taanis 26b and 29b) prohibit doing laundry and wearing freshly laundered clothing only from the Motza’ei Shabbos preceding Tisha B’Av, the Ashkenazic custom is to refrain from Rosh Chodesh (Rama 551:3). Because we do not wear freshly laundered clothes during the Nine Days, one should prepare before Rosh Chodesh sufficient clothing already worn since it was last laundered. Towels should also be used at least once before Rosh Chodesh in order to allow their use during the Nine Days. If one’s clothing becomes sweaty or soiled during the Nine Days, one is permitted to change into clean clothes (see Aruch HaShulchan 389:7). It is permitted to launder children’s clothes and linens until the Shabbos before Tisha B’Av (Mishnah Berurah 551:82, quoting Chayei Odom). There is a dispute among poskim until what age this applies. The Rama is lenient and implies that one may launder all children’s clothing, whereas several later poskim are stricter (see Piskei Teshuvos ftn. 232, and Chanoch Lanaar, 21:2). It is permitted to spot-clean a garment if one is concerned that the stain will set. Furthermore, it is permitted to soak a garment that is dirty without completing its laundering in order to make it easier to clean after Tisha B’Av (Piskei Teshuvos 511:18).

 WHAT DO I DO IF I AM IN A HOTEL DURING THE NINE DAYS?

 If I am forbidden to use freshly laundered bed linens during the Nine Days, what do I do if I am staying in a hotel or as a guest in someone’s home during the Nine Days? May I use the freshly laundered sheets? The poskim permit guests to use fresh bed linens, since most people are very uncomfortable using unlaundered bed linens slept on by someone else (Shu”t Minchas Yitzchak 10:44; Shu”t Tzitz Eliezer 13:61). The Minchas Yitzchak suggests dirtying the linens on the floor a little before using them. Depending on circumstances, one might also be able to bring one’s own used linens. In any instance, one should instruct the hotel not to change the linens once he has used them (until after Tisha B’Av) since the basis to be lenient no longer applies.

PLEASURE BATHING DURING THE NINE DAYS

 The Gemara does not mention any prohibition regarding bathing during the Nine Days. To quote the Ran, “Washing one’s body is permitted whether in hot water or cold – and even the entire body – for Chazal only prohibited washing on Tisha B’Av itself. However, meticulous people have the custom not to bathe the entire week.” On the other hand, the Tur, quoting Avi Ezri, writes that the widespread custom is to forbid bathing from Rosh Chodesh until after Tisha B’Av. Furthermore, he states that one who violates this custom is in violation of “al titosh toras imecha,” – do not forsake the teaching of your mother, here referring to the customs of the Jewish people. The Shulchan Aruch records two customs; one to refrain from bathing from Rosh Chodesh and the second to refrain only during the week of Tisha B’Av. The accepted Ashkenazic custom is to not bathe for pleasure during the entire Nine Days, but bathing for hygienic and health purposes is permitted. A rav should be consulted as to when and how this applies.

WHY IS OUR PRACTICE TO BE MORE STRINGENT THAN THEY WERE AT THE TIME OF THE GEMARA?

 In the times of chazal, the memories of the Beis HaMikdash were still very fresh and a shorter period of mourning was a sufficient reminder. Unfortunately, with the golus continuing for so long, we require a longer period of mourning to bring us into the frame of mind of mourning for the loss of the Beis HaMikdash.

WEARING SHABBOS CLOTHES

 One may not wear Shabbos clothes or other unusually nice clothing during the weekdays of the Nine Days. (In most places, the custom is to wear Shabbos clothes on Shabbos Chazon.) A notable exception is that the celebrants of a bris are permitted to wear Shabbos clothes, since for them the mitzvah is a bit of a Yom Tov. In some places, the accepted custom is that they do not do so when the bris falls between Shabbos Chazon and Tisha B’Av.

 WHO IS CONSIDERED A CELEBRANT REGARDING THESE HALACHOS?

 According to all opinions, the baby’s parents, the sandek, the mohel, and the woman who brings the baby to the bris (the kvaterin) may wear Shabbos clothes (Rama 551:1). Other opinions extend this heter to include the grandparents and other relatives (Shaarei Teshuvah end of 551:3; see also Piskei Teshuvos), as well as the people who are honored with placing the baby on the kisei shel Eliyahu, those who bring the baby closer to the bris (“cheika”), and the man who functions as the kvatter (Eliyah Rabbah). One should ask one’s rav for directions as to what to do. (Incidentally, this discussion is a source on which the ruling that family members attending a bris the rest of the year should wear Shabbos clothes is based!)

EATING MEAT AND DRINKING WINE

Although the Gemara prohibits eating meat and drinking wine only on the day before Tisha B’Av, the accepted Ashkenazic practice is to refrain from eating meat and drinking wine or grape juice from Rosh Chodesh. (Many Sefardim permit eating meat on Rosh Chodesh itself, while others permit this until the Motzei Shabbos before Tisha B’Av.) Early poskim rule that someone who ignores this minhag violates the prohibition of “al titosh toras imecha,” (Mordechai Taanis #639). In addition, some poskim rule that a person who eats meat or drinks wine during the Nine Days violates a Torah law, since the Jewish people have accepted this custom as a vow (Aruch HaShulchan 551:23). IF A MOURNER IS PERMITTED TO EAT MEAT, WHY IS ONE NOT PERMITTED TO EAT MEAT DURING THE NINE DAYS?

This is a very good question. Indeed, the halachos of mourning do not prohibit a mourner from eating meat or drinking wine. The reason one refrains from eating meat and drinking wine during the Nine Days is to remind one of the destruction of the Beis HaMikdash, where Hashem was served by offering korbanos of meat and wine. This reason does not apply to mourning for the loss of a close relative. An alternative reason given is that the mourning of the Nine Days is so one does not forget the loss of the Beis HaMikdash, and by forgoing meat and wine, we are more likely to remember this loss (Tur Orach Chayim 552). A mourner will not forget his loss during the week of shivah, and therefore there is no need to forbid meat as a reminder. It is permitted to eat meat at a seudas mitzvah such as on Shabbos or at a bris, pidyon haben, or siyum. People who would usually attend the seudah may join and eat meat. During the week of Tisha B’Av, only a small number of people may eat fleishig at a seudas mitzvah. For example, eating fleishig is restricted to close family members, the sandek and mohel, and an additional minyan of people. A sick person is permitted to eat meat during the Nine Days. Similarly, someone who has a digestive disorder but can tolerate poultry may eat poultry during the Nine Days. Also, a woman who is nursing or pregnant and is having difficulty obtaining enough protein in her diet may eat poultry or meat during the Nine Days. In these situations, it is preferable for her to eat poultry rather than meat, if that will satisfy her protein needs (Aruch HaShulchan 551:26). A person who eats meat because he is ill or attending a seudas mitzvah will not violate either the vow discussed above or “al titosh” because klal Yisroel accepted the minhag of not eating meat with these exceptions in mind (Aruch HaShulchan 551:26). AT WHAT TYPE OF SIYUM IS IT PERMITTED TO EAT MEAT?

 One may serve meat at a siyum where the completion of the learning coincides with the Nine Days and where one would usually serve a festive fleishig meal. One should not deliberately rush or slow down the learning in order to have a fleishig siyum during the Nine Days (Eliyah Rabbah 551:26; Mishnah Berurah 551:73; Aruch HaShulchan 551:28). However, it is permitted to deliberately schedule a seder of learning in advance so that its siyum falls during the Nine Days if this will encourage more Torah to be learned (Aruch HaShulchan 551:28). Some poskim record that they deliberately delayed siyumim that fell during the Nine Days and celebrated them after Tisha B’Av (Aruch HaShulchan 551:28). One may not eat fleishig leftovers of a seudas mitzvah during the Nine Days (Eliyah Rabbah 551:26; Mishnah Berurah 551:73). Incidentally, one sees from these sources that a bris should be celebrated with a fleishig meal, because if not, why are allowances made to eat meat at a seudas bris during the Nine Days? This proves that the seudas bris is not complete without serving fleishigs.

IS ONE PERMITTED TO USE WINE VINEGAR IN A RECIPE DURING THE NINE DAYS?

 Yes, it is permitted to use wine vinegar since it tastes totally different from wine (Rama 551:9). It is also permitted to drink beer, whiskey and other alcoholic beverages during the Nine Days (see Rama 551:11).

MAY ONE TASTE THE FOOD ON EREV SHABBOS CHAZON?

 In general, it is a mitzvah of kavod Shabbos to taste the food being cooked for Shabbos to make sure that it tastes good (Magen Avraham 250:1, quoting Kisvei Ari). On Erev Shabbos during the Nine Days, one may also taste the food. However, one should try not to swallow food containing meat ingredients (Shemiras Shabbos Kehilchasah 42:61). No bracha is recited when tasting a small amount of food, unless one swallows it (Shulchan Aruch Orach Chayim 210:2).

IS IT PERMITTED TO FEED CHILDREN MEAT ON EREV SHABBOS?

In general, it is not permitted to feed children meat during the Nine Days, including erev Shabbos. Rav Moshe Feinstein ruled that if the children are fed their Shabbos evening meal before the rest of the family has accepted Shabbos, one may feed them meat at this meal because this is their Shabbos meal (Igros Moshe, Orach Chayim 4:21:4).

HOW DOES ONE MAKE HAVDALAH DURING THE NINE DAYS?

One recites Havdalah on wine or grape juice. If a young child present is old enough to make brachos but not old enough to understand that we do not eat meat during the Nine Days, that child should drink the Havdalah cup. If there is no such child available, the person reciting Havdalah should drink the wine or grape juice himself.

MAY ONE HAVE A FLEISHIG MELAVA MALKA DURING THE NINE DAYS?

Rav Moshe Feinstein ruled that one may not, since it is not a universal practice to have a fleishig melava malka (Igros Moshe, Orach Chayim 4:21:4).

WHAT HAPPENS IF SOMEONE RECITES A BRACHA ON MEAT AND THEN REALIZES THAT IT IS FORBIDDEN TO EAT THE MEAT?

A person who recites a bracha on meat and then realizes that it is the Nine Days, should eat a little of the meat so that his bracha is not in vain, a bracha levatalah. Eating a tiny bit does not provide any simcha and therefore does not conflict with mourning (Sdei Chemed 5:278:5 and 5:368:4). Furthermore, the person is eating the meat only in order to avoid reciting a bracha in vain.

MAY ONE EAT FLEISHIG SOUP DURING THE NINE DAYS? Although it is a dispute among poskim whether this is prohibited, Ashkenazim are strict not to eat soup made with meat or chicken. However, it is permitted to eat food cooked in a fleishig pot that contains only pareve ingredients (Mishnah Berurah 511:63).

LITIGATION DURING THE MONTH OF AV

 The Gemara (Taanis 29b) teaches that a Jew who has litigation with a non-Jew should avoid scheduling the adjudication during Av, since this is a month in which the mazel for Jews is bad. Should one avoid litigation for the entire month, or only until after Tisha B’Av? Some poskim assume that one should avoid litigation the entire month of Av because the entire month has the same mazel (Magen Avraham). Other poskim rule, however, that the bad mazel is only until the 10th of Av, when the mourning period for Tisha B’Av ends, or until the 15th, which is considered a Yom Tov. The Chasam Sofer (commentary to Shulchan Aruch) explains that Av has two different mazelos, one before Tisha B’Av and another one afterwards. While the earlier mazel is bad for the Jews, after Tisha B’Av a new mazel begins that is good for the Jews. Thus according to these opinions, there is no problem with scheduling the litigation for shortly after Tisha B’Av.

THE REWARD FOR OBSERVING THE NINE DAYS

The Midrash (Midrash Rabbah, Shmos 15:21) teaches that Hashem will bring forth ten new creations in the era of Moshiach: 1. He will create a new light for the world. 2. He will bring forth a freshwater spring from Yerushalayim whose waters will heal all illness. 3. He will create trees that every month will produce new fruits that have curative powers. 4. All the cities of Eretz Yisroel will be rebuilt, including even Sodom and Amora. 5. Hashem will rebuild Yerushalayim with sapphire stone that will glow and thereby attract all the nations of the world to come and marvel at the beauty of the city. 6. The cow and the bear will graze together, and their young will play together. (See Yeshaya 11:7). 7. Hashem will make a covenant with all the creatures of the world and banish all weapons and warfare. (See Hoshea 2:20.) 8. There will be no more crying in the city of Yerushalayim. 9. Death will perish forever. 10. Everyone will be joyful, and there will be an end to all sighing or worry. The Kaf HaChayim (551:1) states that everyone who meticulously observes the halachos of the first ten days of Av, thereby demonstrating his personal mourning over the churban of Yerushalayim, will merit to witness these ten miracles. May we all merit to see these miracles speedily and in our days.