Aliyah Laregel for Shavuos

Since we all hope to be in a rebuilt Yerushalayim in time for Shavuos, we need to start planning…

Aliyah Laregel for Shavuos

Question #1: No Aliyah Laregel

“Someone once told me that when the Beis Hamikdash is rebuilt, the mitzvah of Aliyah Laregel will be optional. How can that be?”

Question #2: Women and Yaaleh Veyavo

“If a woman forgot Yaaleh Veyavo in bensching of Yom Tov, does she repeat the bensching?”

Question #3: No Tachanun

“Why does my shul omit the reciting of Tachanun during the week following Shavuos?”

Question #4: Have I gone nuts?

What do these questions have to do with one another?

Introduction:

When Bilaam’s donkey challenges him for beating her, she uses the following words: Meh asisi lecha ki hikisani zeh shalosh regalim, “What have I done to you, that you struck me three times!” (Bamidbar 22:28). The donkey does not use the common word for “times,” pe’amim, but the word regalim, which is unusual, even for a donkey. The Midrash Rabbah, quoted by Rashi, notes that the donkey was hinting to Bilaam, You are trying to destroy a nation that celebrates every year three regalim, alluding to the three times a year, Pesach, Shavuos, and Sukkos, when the Jewish people will fulfill the mitzvah of ascending to the Beis Hamikdash grounds, referred to as the mitzvah of Aliyah Laregel. This same idea is also borne out by the posuk in Shir Hashirim (7:2), Mah yafu fe’amayich bane’alim bas nediv, “How beautiful are your footsteps when you wear sandals, daughter of nobles,” which the Gemara explains as referring to the beauty of Klal Yisroel ascending to Yerushalayim to fulfill the mitzvah of Aliyah Laregel (Sukkah 49b; Chagigah 3a).

This mitzvah is described several times in the Torah. In Parshas Mishpatim (23:17), the Torah says, “Three times during the year, all of your males shall be seen (yeira’eh) before the Face of the Master, Hashem.” This theme of “being seen” by Hashem is repeated twice in Parshas Ki Sisa (34:23-24). The first posuk is virtually identical to the one cited above, while the second one reads: “No person shall desire your land when you ascend to be seen (leira’os) before the Face of Hashem, your G-d, three times a year.” There is yet another posuk in Ki Sisa (34:20) that also mentions the concept of “seeing”: “They shall not be seen (yeira’u) before My Face empty-handed.” Hence, the name of the korban offered when one ascends to the Beis Hamikdash grounds is olas re’iyah.

The Rambam writes (Hilchos Chagigah 1:1) that there is a positive command to come to the Beis Hamikdash during the regel and bring the olas re’iyah. One who comes but does not bring this korban, does not fulfill the mitzvas asei, and also transgresses a lo sa’aseh, “they shall not be seen before My Face empty-handed.”

The Sefer Hachinuch (Mitzvah #88) explains the significance of bringing the olas re’iyah: He writes that it is not proper to come before the King empty-handed. Although Hashem Yisborach has no need for our gifts, nevertheless, it is meant to teach us that, just as a person who has an audience with a mortal king would certainly bring a gift, we must be cognizant that we are coming to stand before The King.

Details of the mitzvah

In addition to the olas re’iyah that we just mentioned, other offerings are offered, including those called shalmei chagigah. Both the olas re’iyah and the shalmei chagigah should be offered on the first day of Yom Tov, unless it is Shabbos. If one failed to bring them that day, it is permitted to offer them during chol hamoed or even the last day of Yom Tov. This is true even on Sukkos – meaning that, even though Shemini Atzeres is a Yom Tov separate from Sukkos, regarding the laws of offering the special Yom Tov korbanos, it is considered part of Sukkos. Therefore, one who failed to bring the olas re’iyah or the Chagigah on the entire Sukkos, could still offer it on Shemini Atzeres.

In the case of Shavuos, one who failed to offer these korbanos on the holiday itself fulfills the mitzvah if he offers the korban after Yom Tov, provided he does so within six days after Shavuos is over.

No Tachanun

Although we cannot observe Aliyah Laregel until the Beis Hamikdash is rebuilt, many halachic observances result from the laws associated with this mitzvah.

Some communities have the custom not to recite Tachanun during the week after Shavuos. Their logic is that since, at the time of the Beis Hamikdash, one would be able to offer shalmei simcha on these days, those who follow this custom consider it inappropriate to recite the solemn prayer of Tachanun on such a happy occasion, similar to the practice of skipping Tachanun on Rosh Chodesh and when a choson is in attendance. We can therefore now provide the answer to the third of our opening questions: “Why does my shul omit the reciting of Tachanun during the week following Shavuos?”

No Aliyah Laregel

At this point, let us examine the first of our opening questions: “Someone once told me that when the Beis Hamikdash is rebuilt, the mitzvah of Aliyah Laregel will be optional. How can that be?”

The person who contended this may have been basing himself on the following statement of Chazal: mefunak people are exempt from the mitzvah of Aliyah Laregel. Who qualifies as mefunak? Rashi explains that someone who usually walks with shoes is exempt from Aliyah Laregel, since one is not permitted to walk on Har Habayis while wearing shoes. The Rambam (Hilchos Chagigah 2:1) explains the Gemara a bit differently: someone who is unused to walking very far and, therefore, cannot climb to the Har Habayis is exempt.

It is possible that this person who contended that the mitzvah of Aliyah Laregel is optional felt that, according to Rashi, since today many people do not walk around without shoes, anyone who does not usually walk without shoes is exempt from the mitzvah of Aliyah Laregel.

Another possibility is that he was assuming that only someone who owns land in Eretz Yisroel is obligated in Aliyah Laregel (Pesachim 8b; see Mishneh Lamelech, Chagigah 2:1).

Either approach does not mean that the mitzvah of Aliyah Laregel will be optional, only that, many people will be exempt from fulfilling it should they not want to. There are and definitely will be people who own land in Eretz Yisroel, and there are also people who are capable of walking the way the Rambam describes. Furthermore, even should one want to follow Rashi’s broader definition that exempts someone who does not usually walk without shoes on, there are people who can and do walk around without shoes, and they will be obligated to fulfill the mitzvah of Aliyah Laregel.

Women

Women are exempt from observing the mitzvah of Aliyah Laregel, meaning ascending to the Beis Hamikdash and offering the korban olah, although they certainly will be permitted to observe it, similar to their observing sukkah, shofar, esrog and other timebound mitzvos from which they are exempt. It is a dispute in the Gemara whether they are required to be partners and participants in the offering of the shalmei simcha. Part of this question is whether women are obligated to observe the mitzvah of celebrating Yom Tov or if they are exempt from the requirements of making sure that they have these korbanos, while it is a husband’s responsibility to see that his wife enjoys Yom Tov. The Rambam and the Raavad appear to disagree which approach should be accepted as normative halacha. The Rambam rules that women are obligated in the mitzvah of celebrating Yom Tov while the Raavad rules that they are not (Hilchos Chagigah 1:1).

Women and Yaaleh Veyavo

At this point, let us examine the second of our opening questions: “If a woman forgot Yaaleh Veyavo in bensching of Yom Tov, does she repeat the bensching?”

Whether one is required to repeat bensching when one forgot Retzei on Shabbos, or Yaaleh Veyavo on Yom Tov is dependent upon whether halacha requires that one eat a meal including bread then. Since all authorities require that one eat a meal including bread for the first two meals of Shabbos, someone who forgot to recite Retzei at either of the first two meals of Shabbos, one at night and one in the daytime, is required to repeat the bensching in order to recite Retzei. On the other hand, since there is no requirement to eat a meal including bread on chol hamoed, someone who forgot to recite Yaaleh Veyavo when bensching on chol hamoed is not required to repeat bensching.

Rabbi Akiva Eiger (Shu”t Rabbi Akiva Eiger 1:1 and hashmatos) proves that, even according to those who conclude that women are obligated in the mitzvah of simchas Yom Tov, this does not require them to eat bread. There is a different mitzvah, a rabbinic requirement called kavod Yom Tov, that requires having a bread meal, not the mitzvah of simcha. Rabbi Akiva Eiger rules that although women are obligated in the mitzvah of kavod Shabbos, they are exempt from the requirement to observe the mitzvah of kavod Yom Tov. A ramification of this distinction is that a woman is exempt from the requirement to eat bread on Yom Tov, and, if so, a woman who forgot to recite Yaaleh Veyavo during the recital of birchas hamazon on Yom Tov should not repeat the bensching. Rabbi Akiva Eiger agrees that a woman who forgot to recite Yaaleh Veyavo on the first night of Pesach is obligated to repeat the birchas hamazon. Since she is required to fulfill the mitzvah of matzoh that night, the eating of “bread” is not optional, thus requiring one to recite birchas hamazon.

Not all authorities agree with Rabbi Akiva Eiger’s conclusion that women are exempt from eating bread on Yom Tov. An early authority who did not hold this way is the Pri Megadim (Eishel Avraham 325:11), who mentions, in passing, that both men and women are obligated to eat bread on Yom Tov. Other authorities who agree with this position understand that women are obligated in any and all mitzvos that Chazal established on Shabbos or Yom Tov to make these days special (Shu”t Shoeil Umeishiv, 2:2:55), which includes all the responsibilities of kavod Yom Tov, including eating a bread meal.

The dispute between these halachic authorities results in the following: Should a woman forget to recite Yaaleh Veyavo during the bensching after the Yom Tov meals, according to Rabbi Akiva Eiger she is not required to repeat the bensching, whereas according to the Pri Megadim and the Shoeil Umeishiv, she is.

Conclusion

In parshas Ki Sissa, the Torah notes: “Three times a year, all your males shall appear before Hashem, the Master, the G-d of Israel. When I drive out the nations from before you, and I broaden your territories, no man will covet your land when you ascend to see Hashem your G-d three times a year.” The Torah here provides a solemn promise. The mitzvah of Aliyah Laregel is one of the mitzvos that proves the Divine origin of the mitzvos. No human would dare create a mitzvah that requires all of a nation’s men to be together in one place at one time, and certainly not at an internal point of the country! Who will provide military security on the periphery, at the places where a nation is threatened by its enemies? Only Hashem could promise that when the Jews observe the Torah according to His instructions, none of our enemies will even think of creating difficulties for us, and certainly not consider performing any acts of terrorism or an invasion. Thus, indeed, we understand the beauty of what the donkey was explaining to Bilaam: “Do you understand the sanctity of this nation that you seek to curse? Do you understand the special relationship that they have with Hashem?” Indeed, it would behoove the nations of the world today to listen to the donkey!

 

May I Enter the Room that I Sold to the Non-Jew

The style of this article is an experiment; it is somewhat different from what I usually send out, and I am looking for feedback from our readers. The article consists of an actual teshuvah that I wrote many years ago and is published in Shu”t Nimla Tal (Orach Chayim, #167), which is available for download on the website RabbiKaganoff.com. (The teshuvah begins on page 214 of the sefer.)

To create this article, the original Hebrew teshuvah was rendered by Google translate, and then edited. I am looking for feedback from our readership whether you enjoyed this style of article, and whether you would like to see it in the future on an occasional or even a regular basis.

The responsum was an answer to an actual question that I was asked:

“A room is rented to a non-Jew because it contains the chometz that was sold to him. Is it permissible to enter the room in order to remove something that was not included in the sale?”

The responsum, which was addressed to a Torah scholar, reads as follows:

The Magen Avraham (472:2) asked a question on the position of the Maharil, who permitted someone to use, in honor of the Seder, a very valuable item, perhaps made of gold or containing precious stones, that had been given by a gentile as collateral on a loan, what I will henceforth call a pawned item. The Magen Avraham questioned how the Maharil permitted the Jew to use the pawned item, when the halacha is that one may not use someone else’s property without permission. Since the Jew is holding the pawned item only to make sure that he can recoup the value of the loan should there be a default, the Magen Avraham assumes that the Jew is not permitted to use the pawned item without the explicit permission of the owner, until the loan is due. At that point, he is permitted to sell it or keep it.

The Magen Avraham answers that we can assume that the non-Jewish owner does not mind if one uses his pawned item only once, and, therefore, one may display the valuable item at the Seder as part of one’s celebration of this very special night.

Let us examine a related passage of Gemara. The end of tractate Avodah Zarah (75b) relates that Rav Ashi immersed a vessel he had received as collateral from a non-Jew, in fulfillment of the mitzvah of tevilas keilim, before using them for food. The Gemara inquires why Rav Ashi immersed the item when there is no  obligation unless the item is owned by a Jew. Was it because Rav Ashi contended that receiving the item as collateral is considered halachically as if the Jew already owns it? In other words, notwithstanding the borrower’s option to redeem it, the lender may assume that since most pawned items are not redeemed, he may already treat it as his property. An alternative position mentioned by the Gemara is that the lender may not assume that an item received as collateral can be treated as his. However, in Rav Ashi’s specific case, there were specific indications from the borrower’s actions that he did not intend to redeem the pawned item, and therefore Rav Ashi assumed that he had already acquired it.

Regarding the conundrum presented by the Gemara, the Shulchan Aruch (Yoreh Deah 120:9) assumes that the issue remained unresolved. He therefore concludes that if the Jewish lender notices any indication that the non-Jewish borrower does not intend to redeem the security, the lender should recite a brocha prior to immersing it. However, if there is no such indication, he should immerse the vessel before using it, but without reciting a brocha, since the borrower may return to redeem the security, in which case it was property of a gentile at the time of the immersion, and there was no requirement to immerse it. Halachically, only an item owned by a Jew requires immersion before use, not an item used by a Jew that is owned by a non-Jew. When there is uncertainty whether one is fulfilling a mitzvah with a certain action, the usual procedure is to perform the mitzvah but without reciting a brocha because of the principle of safek brochos lehakeil.

Returning to the ruling of the Shulchan Aruch, since it is uncertain whether the item requires immersing before use, one should immerse it, but without reciting a brocha.

At this point, this passage of Talmud and the ruling of the Shulchan Aruch present us with a question on the position of the above-quoted Magen Avraham. The Magen Avraham asked on the Maharil’s position how he can permit the lender to display at his Seder the valuable pawned items that he is holding, since one may not use an item without permission, and the lender has no explicit permission to use the collateralized valuables. The Gemara in Avodah Zarah that we just quoted is certainly assuming that Rav Ashi was permitted to use the collateralized item – the only question is whether he should assume that the item is already his property, and therefore he should recite a brocha when he immerses it, or whether he should not recite a brocha, because the property still belongs to the gentile. But no one questions Rav Ashi’s right to use the item.

The Taz (in Yoreh Deah) indeed questions how Rav Ashi could use the security and explains that halacha does not forbid using an item of a non-Jew that is already in your house. In other words, the prohibition not to use an item without permission does not apply to a non-Jew’s property that he is storing in a Jew’s house, whether as collateral or for any other reason.

Based on this above discussion, several halachic authorities (Chok Yaakov; Machatzis Hashekel) dispute the Magen Avraham’s assumption that one may not use collateral owned by a non-Jew without permission. According to these authorities, it would seem that it is permitted to enter the room that you have rented out to the non-Jew in order to use the room for your own purposes.

However, it might be prohibited to enter the room for other reasons, germane to the sale of the chometz. When the Terumas Hadeshen discusses how one should sell one’s chometz to a non-Jew, he states expressly that the chometz should be removed from the house of the Jewish seller. Many authorities question this requirement, noting that the Gemara states that it is permitted to have a non-Jew’s chometz  in one’s house on Pesach, provided that a barrier the height of ten tefachim (about forty inches) is constructed around the chometz, presumably to guarantee that no one mistakenly eat it. Why, then, does the Terumas Hadeshen insist that the chometz sold to the non-Jew be removed from the Jew’s residence?

Most later authorities explain that one is permitted to leave the non-Jew’s chometz in one’s house, provided that he has taken adequate care that no one mistakenly eat it. The reason that the Terumas Hadeshen insisted on removing the chometz from the Jew’s property was because of the technical laws that must be followed in order to change ownership of the chometz  to the non-Jew. However, should one accomplish changing ownership to the gentile without moving it out of your house, you are not required to do so.

One of the standard methods we use of guaranteeing that the sale of our chometz to the gentile is fully valid is to rent to the gentile for the entire holiday the area where the chometz is stored. However, even when one rented to the gentile the area where the chometz is stored, this rental should not preclude the Jew from entering this area for a short period of time. It therefore appears that, should the need develop, it is permitted to enter the room that was rented to the non-Jew.

Wishing everyone a chag kosher vesomayach!!

 

 

Matzoh Shoppers Guide Part II

The Four Questions of Matzoh Purchasing

The First Question Is: On all other nights of the year, we do not check our matzoh and bread, although we sometimes check our flour before we bake with it; on this night of Pesach, we check our matzoh before eating it. For what are we checking?

The Second Question Is: On all other nights of the year, we eat any kind of matzoh; on this night of Pesach, some people eat only hand matzoh, others eat only machine-made matzoh, and still others eat hand matzoh for the bracha and machine matzoh afterwards. What is the basis for these different practices?

The Third Question Is: On all other nights of the year, we prepare our food leisurely; on this night of Pesach, we eat matzoh advertised as special “18-minute matzoh.” But I thought that matzoh dough becomes chometz after 18 minutes, so all matzoh left around longer than 18 minutes before baking should be chometz. So what is special about 18-minute matzoh?

The Fourth Question Is: On all other nights of the year, no guests arrive early in order to “lift up” their food before Yom Tov, but on this night of Pesach, some guests arrive before Yom Tov in order to “lift up” the matzos they intend eating at the Seder. Why do only some of my guests ask me if they can do this?

In last week’s post, we answered the first of these questions. This week we continue…

Let us now answer the second question:

“On this night of Pesach, some people eat only hand matzoh, others eat only machine-made matzoh, and still others eat hand matzoh for the bracha and machine matzoh afterwards. What is the basis for these different practices?”

Although most people today accept the use of machine matzoh for Pesach, it is instructional to understand a major dispute that existed among nineteenth-century poskim over its use. Dozens of renowned poskim and rabbonim became involved in this dispute. Unfortunately, the machlokes over the use of machine matzos became as heated as the temperature of the matzoh ovens, with each side issuing tirades.

Those who opposed the use of machine-made matzoh on Pesach did so because of the following major concerns:

  1. The economic factor: There was concern that introduction of machine matzoh would seriously affect the livelihood of many Jewish poor who were employed kneading and baking matzos.
  2. The chometz factor: There were major concerns about whether the factories’ matzoh met all the above-mentioned halachic requirements. Among the concerns raised were: Is all dough cleaned off the machinery, or does dough stick to the equipment and remain in place for more than eighteen minutes? Does the machinery work the dough constantly, or does it sit after it has begun to be worked?

Apparently, this was a big concern in the early matzoh bakeries. In a teshuvah dated Monday, Erev Rosh Chodesh Nisan 5618 (1858), the Divrei Chayim (Shu’t 1:23) refers to machine matzoh as chometz gamur (unquestionably chometz), based on the way it was produced.

  1. The lishmah factor: Another issue involved in the manufacture of machine matzos is whether it is considered lishmah? Is the intent of the person operating an electrically-powered machine considered as making matzos lishmah? The same issue affects many other halachic questions, such as the spinning of tzitzis threads by machine, the manufacture of leather for tefillin straps and batim, and the making of hide into parchment. Some poskim contend that pushing the button to start a machine is not sufficient to make it lishmah, since the pushing of the button produces only the very first action, and the rest happens on its own and, therefore, is not considered being made lishmah (Shu’t Divrei Chayim 1:23). There is much discussion and dispute about this issue in the poskim (see for example, Shu’t Chesed L’Avraham 2:Orach Chayim:3; Shu’t Maharsham 2:16; Shu’t Achiezer 3:69 at end; Sdei Chemed Vol. 7 pgs. 396-398; Chazon Ish, Orach Chayim 6:10 s.v. vinireh d’ein tzorech; Shu’t Har Tzvi, Orach Chayim #10; Mikra’ei Kodesh, Pesach II pgs. 11-17). It is primarily for this reason that many people today who use machine-made matzoh on Pesach still use hand-made matzoh for the Seder.

It is also curious to note that the initial matzoh machines over which these poskim debated were nothing more than hand-turned rollers that quickly made a large quantity of thin dough into circles, the way a cookie cutter operates. They enabled a fantastic increase in the output of one small factory.

Thirty years after the original dispute, the issue was still heated, as evidenced by the following teshuvah of Rav Yehoshua Trunk of Kutno, widely acknowledged in the latter half of the nineteenth century as the posek hador of Poland.

“On the subject of the new idea brought to knead matzos by machine, G-d forbid that one should follow this practice. Over thirty years ago, all the Gedolei Yisroel in our country prohibited it. At their head were the Av Beis Din of Tshechnov; Rav Yitzchok Meir of Gur (The Chiddushei Rim, the first Gerer Rebbe); and Rav Meir, the Rav of Kalish; all of whom signed the declaration prohibiting their use. Not a single individual was lenient about this matter. I therefore say to our brethren, ‘Do not separate yourselves from your brethren, since all the gedolim in our country prohibited this machine and virtually all the people accepted this prohibition” (Shu’t Yeshu’os Molko, Orach Chayim #43). Thus, it appears that in central Poland, where these gedolim lived, hand matzos were used almost exclusively.

Similarly, in a teshuvah penned in the year 5635 (1895), the Avnei Nezer (Orach Chayim #372), renowned posek and gadol hador a generation later, echoed this sentiment with emphasis. He writes that although he had never seen a matzoh factory, he prohibited eating this matzoh based on the fact that the previous generation’s poskim had prohibited it, quoting Rav Yehoshua of Kutno.

At about the same time that the Avnei Nezer wrote his above-quoted responsum, the Maharsham (Shu’t 2:16) was asked by the Rav of St. Louis, Missouri, Rav Zecharyah Yosef Rosenfeld, about a matzoh machine that took a half hour to prepare the matzoh. Rav Rosenfeld was highly concerned about several problems regarding this machine. The Maharsham ruled that if all the equipment is kept cool and all the other requirements are met, then the matzoh may be used.

In the contemporary world, one can plan and construct a factory for baking matzos in such a way that a minimal amount of dough adheres to equipment, and mashgichim can supervise the swift removal of any dough that sticks to the machinery. Someone who purchases machine-made matzoh is relying on the supervising agency or rabbi to guarantee that the operation runs properly.

Many rabbonim and communities contend that it is preferable to use machine matzos, because one can control the product better – thus, in German communities and in “the old yishuv” in Eretz Yisroel, machine matzos were preferred. Rav Shlomoh Zalman Auerbach,  zt”l, and his brother-in-law, Rav Sholom Shvadron, zt”l, ate only machine matzos on Pesach, as did Rav Yosef Breuer, zt”l, and I have been told of many other gedolim who ate only machine matzos on Pesach.

Among the reasons quoted for favoring machine matzos are:

1) Kneading by hand takes considerably more time before the matzoh is ready for baking. In addition, the dough is likely to warm up considerably by the hands of the kneader, which may lead to it becoming chometz.

2) Hand matzos are of uneven thickness, so that some parts of the matzoh are burnt while other parts may still be incompletely baked; thus, there could be a problem of a matzoh being removed from the oven before it is fully baked.

3) Machine matzos are thinner and thus less susceptible to leavening.

Although the following may be unappetizing, I have witnessed someone leaning over the table, busily kneading the dough for his matzoh, while beads of perspiration are falling into the dough. Aside from the lack of sanitary conditions, there are also kashrus concerns about matzoh produced this way.

On the other hand, many Chassidic circles eat only hand matzos on Pesach, following the long list of Chassidic poskim who strongly opposed machine matzos. In between these two approaches are those who feel that the kashrus of machine matzos is fine or even preferred, but who are concerned about whether matzoh produced by a machine is considered lishmah. To avoid any halachic problem, they use hand matzos at the Seder, but eat machine matzoh the rest of Yom Tov.

At this point, my son, I can answer your Third Question:

On all other nights of the year, we prepare our food leisurely; on this night of Pesach, we eat matzoh advertised as special “18-minute matzoh.” But I thought that matzoh dough becomes chometz after 18 minutes, so all matzoh left around longer than 18 minutes before baking should be chometz. So what is special about 18-minute matzoh?

Ideally, one should stop every matzoh machine every eighteen minutes to guarantee that the equipment is completely clean. However, factory owners feel that this is a non-profitable way to operate a matzoh factory. Thus, the equipment usually runs constantly with the hope that no dough sticks to it and remains from one batch to the next. To avoid this problem, many people who use machine matzoh insist on using only matzoh produced after the equipment was stopped for a thorough cleaning and examination. This matzoh is usually called “eighteen-minute matzoh,” that is, the machine has not been running for eighteen minutes from the last time that it was thoroughly cleaned.

Different hechsherim have different standards – thus, whether some dough remains on the equipment longer than eighteen minutes will depend on how tight the hechsher’s standards are. It is fair to assume that if the factory is not stopped for cleaning every eighteen minutes, some dough remains on the equipment for more than eighteen minutes from one production to the next. However, even if dough was abandoned on the equipment for over 18 minutes, it is batail, nullified, in the final product.

To quote a friend’s recent observation: “I went to a major matzoh bakery a few years ago where they had two runs simultaneously. One was mehadrin, where they stopped the equipment every 16 minutes for cleaning. The other production was constant, and we witnessed piles of dough building up along the sides of the conveyor belt that eventually mixed into the production dough.”

The Fourth Question was basically asking:

“A guest once asked me if he could pick up the matzos on Erev Pesach that he was planning on eating at the Seder. Why did he request this, and why have I never heard of this before?”

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

There is an interesting dispute between poskim as to whether a guest at someone else’s Seder fulfills the mitzvah with matzoh that belongs to the host. Sfas Emes (commentary to Sukkah 35a s.v. beGemara asya) contends that one can fulfill the mitzvah of matzoh only with matzoh that one owns to the extent that one would be able to sell it. Therefore, a host must give to each of his guests their matzoh as a present before they eat or they have not fulfilled 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.

May we all be zocheh to eat our matzoh this year together with the Korban Pesach in Yerushalayim.

 

The Matzoh Shoppers Guide

The Four Questions of Matzoh Purchasing

The First Question Is: On all other nights of the year we do not check our matzoh and bread, although we sometimes check our flour before we bake with it; on this night of Pesach we check our matzoh before eating it. For what are we checking?

The Second Question Is: On all other nights of the year we eat any kind of matzoh; on this night of Pesach, some people eat only hand matzoh, others eat only machine-made matzoh, and still others eat hand matzoh for the bracha and machine matzoh afterwards. What is the basis for these different practices?

The Third Question Is: On all other nights of the year we prepare our food in a leisurely manner; on this night of Pesach we eat matzoh advertised as special “18-minute matzoh.” But I thought that matzoh dough becomes chometz after 18 minutes. So what is special about 18-minute matzoh?

The Fourth Question Is: On all other nights of the year, no guests arrive early in order to “lift up” their food before Yom Tov, but on this night of Pesach some guests arrive before Yom Tov in order to “lift up” the matzos they intend on eating at the Seder. Why do only some of my guests ask me if they can do this?

“Father, what is the answer to my four questions?”

“Son, before I answer your excellent questions, hearken to how matzoh is made.”

WE WERE ONCE SLAVES IN EGYPT

Although matzoh is the simplest of products, containing simply flour and water, much detail is involved at every step to process it in a halachically correct way. In addition, halacha requires that the matzoh eaten to fulfill the mitzvah on Seder night must be produced with the intention that it is specially supervised not to become chometz for the purpose of fulfilling the mitzvah. Thus, even if we know by remote-control camera that matzoh was produced 100% kosher for Pesach, but a well-trained team of chimpanzees manufactured it, one cannot use this matzoh to fulfill the mitzvah on Seder night, because it was not produced lishmah. Only adult Jews can produce matzoh lishmah (Shulchan Aruch Orach Chayim 460:1). Therefore, before beginning work each day in a matzoh bakery the workers must 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 matzos that will be used for the mitzvah.”

Although the Gemara (Pesachim 40a) discusses preparing matzoh lishmah, it is unclear how early in its production this must be done. We need not plant the wheat for the sake of the mitzvah, since nothing at this stage can make the product chometz-dik. Until the grain can become chometz, there is no need to guard it lishmah from becoming chometz.

The early poskim have three opinions concerning the stage when one must prepare matzoh lisheim matzos mitzvah:

(1) From the time of harvesting, which is usually the earliest time the grain can become chometz.

(2) From the time of grinding, at which time it is more probable that the flour could become chometz. In earlier times, most flour mills were located alongside rivers and used the flow of the river as their power source. Thus, there is great concern that the flour could become wet and begin to leaven.

(3) From the time of kneading, when one must certainly be concerned about the possibility of chimutz (fermentation).

Shulchan Aruch (Orach Chayim 453:4) concludes that it is preferable to guard the wheat lishmah from the time it is harvested, but that it is satisfactory to use wheat that is supervised only from the time it is ground. Other poskim require lishmah from the time of the harvest (Pri Chodosh). Nowadays, shmurah matzoh generally refers to matzoh that was supervised against chimutz from the harvest, and kosher-for-Pesach non-shmurah matzoh is supervised from the time of the grinding.

HARVESTING CONCERNS

Fully-ripe grain can become chometz even while still connected to the ground (Piskei Tosafos, Menachos 208). Thus, in order to guarantee that the grain harvested for matzoh does not become chometz, it is harvested early, before it is fully ripe (Chayei Odom 128:2; Mishnah Berurah 453:22; Bi’ur Halacha to 453:4 s.v. Tov) and when it is dry. Before cutting the wheat, someone checks to see that it has not yet sprouted. Furthermore, we cut the wheat in the afternoon of a dry day to allow the night’s dew to evaporate in the morning. A combine used to harvest shmurah wheat must be clean and dry.

The poskim dispute whether a non-Jew may operate the combine when it harvests the wheat, or whether a Jew must operate it (Sefer Matzos Mitzvah pg. 26). Those who contend that Jew must operate it is because they hold that operating a large combine is technically equivalent to swinging a sickle, and harvesting lishmah requires that someone who is commanded to observe the mitzvah actually cuts the grain.

Sometimes, it seems that life was simpler when people harvested wheat by hand. A friend of mine who was born in the Soviet Union once described how his father used a hand sickle to harvest wheat for matzoh baking. Even today, some people are mehader to use hand-cut flour for their Seder matzos.

After cutting, the wheat must be stored and transported in a way that guarantees that it remains dry (Sdei Chemed, Vol. 7 pg. 383), and one must make sure that it always remains shamur by an observant Jew (Bi’ur Halacha 453:4 s.v. ulipachos). Furthermore, one must be careful to store it a way that it does not become infested by insects. One must also check grain samples for signs of sprouting, which is a chimutz problem (see Rama 453:3). There is a well-established custom that an experienced posek checks the grains before they are ground (Daas Torah to 453:1 s.v. ve’od).

GRINDING THE FLOUR

As mentioned above, most poskim require supervising the grain lishmah from chimutz from the time it is ground into flour, and all matzoh sold today as kosher lePesach is supervised at least from the time it is ground. The mashgichim must verify that the wheat is not soaked before being ground, which is common practice for non-Pesach flour in many places. Furthermore, a mashgiach must carefully inspect the milling equipment to ensure that no non-Passover flour remains in the grinders and filters.

Chazal instituted many halachos to guarantee that the dough does not become chometz prematurely. For example, one should not bake matzoh with freshly-ground flour, but should wait a day or two after the grinding to allow the flour to cool so that it does not leaven too quickly (Shulchan Aruch 453:9). They were also concerned that one should not bag the Pesach flour in old sacks previously used for chometz-dik flour. In many countries, grains are covered with leaves before grinding in order that they be moist when they are ground. This facilitates separating the different parts of the kernel. Of course, this is prohibited for Pesach-dik flour.

SPECIAL WATER: MAYIM SHELANU

Pesach matzoh must be baked exclusively with mayim shelanu, water that remained overnight (Pesachim 42a), a topic that we explored in last week’s article.

KNEADING THE DOUGH

One may not knead matzoh dough in a warm area or in a place exposed to the sun. Similarly, one must cover the windows, so that no sunlight streams through (see Mishnah Berurah 459:2). Furthermore, one must be very careful that the tremendous heat from the oven does not spread to other parts of the bakery, warming dough before it is placed into the oven (Shulchan Aruch 459:1). Thus, a matzoh factory must accommodate that the dough can be transported to the oven quickly, without exposing the kneading area to heat from the oven.

Once the flour and the water are mixed, one must strive to produce the matzoh as quickly as possible (Shulchan Aruch Orach Chayim 459:1). If dough is left un-worked for eighteen minutes, it is regarded as chometz. However, if one works on the dough constantly, we are not concerned if more than eighteen minutes elapses before placing it into the oven. On the other hand, once one begins to work the dough, it warms up and may begin to leaven if left idle. Therefore the Shulchan Aruch (Orach Chayim 459:2) rules that once one begins working with the dough, it becomes chometz immediately if one leaves it idle. Although there are more lenient opinions as to whether the dough becomes chometz immediately, all agree that one must not allow unnecessary delay without working the dough (see Mishnah Berurah 459:18; Bi’ur Halacha ad loc.; Chazon Ish, Orach Chayim 121:16). Thus, practically speaking, it is far more important to work constantly on the dough to ensure that it does not begin to leaven, than to guarantee that it takes less than eighteen minutes from start to finish.

One should not assume that all hand matzoh bakeries have the same standard of kashrus. I once visited a hand matzoh bakery and observed dough sitting on the table ready for baking, without anyone working on it. I think that people paying the kind of money this bakery charges for its finished product should not receive matzoh that is kosher only bedei’evid (after the fact).

It is, of course, a much bigger concern if dough from an earlier batch is not cleaned off hands and equipment, and mixes into later batches. All equipment must be cleaned thoroughly after each batch to make sure this does not happen.

BAKING PROBLEMS

Several problems can occur during the baking of the matzos. If the baker leaves a matzoh in the oven too long it burns, and if he removes it too soon it becomes chometz. If he removes a matzoh from the oven before it is fully baked, he may not return it to the oven to finish (Rama 461:3).

Other problems can occur while matzoh is baking. Two very common problems are that matzoh becomes kefulah (folded) or nefucha (swollen). A matzoh kefulah is one that became folded inside the oven in such a way that the area between the folds is not exposed directly to the flame or heat of the oven. This area does not bake properly, making the matzoh chometz-dik (Rama 461:5). One may not use the folded part of the matzoh nor the area immediately around the fold (Mishnah Berurah 461:28).

A matzoh nefucha is a matzoh that swells up, usually because it was not perforated properly (Rama 461:5). During baking, air trapped inside the matzoh develops a large bubble. If the swollen area is the size of a hazelnut, the matzoh should not be used, whereas if it is smaller it may be used (see Mishnah Berurah 461:34 for a full discussion).

To avoid discovering these problems on Yom Tov, one should check one’s matzos before Yom Tov to ascertain that none of the matzos are kefulah or nefucha. I can personally attest to finding both among matzos that were meant for use at the Seder.

Of course you may ask, “Why didn’t the bakery mashgiach notice these matzos and remove them?” I, too, am very bothered by this question, but nevertheless, I and many other people have found that the matzos one purchases often include kefulos and nefuchos.

Now, my dear son, I am glad you have been so patient, because now I can answer your first question: “On this night of Pesach, we check our matzoh before eating it. What are we looking for?” We are checking that there are no folded matzos, or bubbles in the matzos the size of a hazelnut.

For part II of this article, click here.

 

 

The Mayim Shelanu Saga

Question #1: Who owns it?

Who owns mayim shelanu?

Question #2: Occupation or Preoccupation

“May I do something else while I bake my matzohs?”

Question #3: Mayim shelanu in Montevideo

“I have some experience at baking my own matzohs, and I will be spending Pesach in Uruguay. I intend to bake my own matzohs for the Seder. Must I use mayim shelanu for baking matzohs in the southern hemisphere?”

Answer:

Among the various instructions that the Gemara provides for baking matzoh is a requirement to use mayim shelanu, which should be translated as water that rested. This article will discuss the halachic requirements that Chazal instituted.

Who bakes the matzoh?

In the time of the Gemara, matzohs were baked fresh daily, and we see that the kneading and baking was usually the responsibility of the women of the household. Until fairly recently, this was common practice in many Sefardic communities, but among Ashkenazim, matzoh production has in most places become a commercial enterprise, since at least the nineteenth century. Today, few people bake their own matzohs, although I know people in Eretz Yisroel who still do so.

What is mayim shelanu?

Let us begin by quoting the Gemara that forms the basis of our discussion:

Rabbi Yehudah said, “A woman should knead dough for matzoh only with mayim shelanu.” Rav Masneh taught this in a public lecture in Papunia, a town in Bavel where the spoken language was Aramaic. Rav Masneh quoted Rabbi Yehudah’s exact Hebrew words, mayim shelanu, which can also mean our water. The next day, all the people came to him with their buckets, requesting that Rav Masneh supply them with his water, so that they could bake their matzohs. He then explained to them that he had meant water that rested, this time using the Aramaic words, maya devisu (Pesachim 42a).

The authorities debate whether Rav Masneh was teaching this as part of the traditional Shabbos Hagadol drosha, whose primary halachic purpose is to educate people regarding the details of the laws of Pesach, or whether he was delivering this discourse on Yom Tov. If it was on Yom Tov, why would Rav Masneh have waited until Yom Tov to tell them about an essential practice necessary to bake kosher-for-Pesach matzohs? The probable answer is that Rav Masneh was a visitor in Papunia on Yom Tov and chose to discuss this topic when asked to give a guest lecture.

Why the anecdote?

The rishonim ask why the Gemara needs (or should I say kneads?) to mention the story of Rav Masneh (Yerei’im). They do not answer that it is to teach us to have a sense of humor. What was the purpose of the story? There are several interesting answers to this question, two of which we will discuss at the end of this article.

But first, let us return to the continuation of the passage of Gemara:

“Rava taught in a public lecture: a woman should not knead her dough for matzoh under the sun, nor may she use hot water, even if it was heated only by being exposed to sunlight, nor may she use water that appears to be room temperature, if it was swept out of a water heater whose coals were removed. She should be careful not to ‘raise her hands’ from the oven until she completes making the matzoh,” which is another way of saying that she should remain focused on the matzoh production until it is finished, and certainly not do anything else in the interim (Pesachim 42a).

Occupation or Preoccupation

Thus, we can now answer one of our opening questions: “May I do something else while I bake my matzohs?”

The answer is that one may not.

After the fact

The Gemara then asks what is the halacha if someone made matzoh using water that did not meet the standards mentioned above, and cites a dispute between Mar Zutra and Rav Ashi whether the matzoh may be used. Mar Zutra permitted the matzoh thus prepared, whereas Rav Ashi prohibited it. The halachic authorities rule according to Rav Ashi, that this matzoh may not be used. The authorities then debate whether this ruling applies only to the latter cases — one who kneaded the matzoh outdoors or who used warm water — or does it apply even to someone who kneaded matzoh with water that was not mayim shelanu. Rashi is quoted as having ruled that matzoh prepared with water that was not mayim shelanu is permitted bedei’evid, after the fact, whereas most authorities prohibit this matzoh.

Mayim shelanu wherefore?

Why did Chazal prohibit using water for matzoh baking, unless it rested? The poskim cite two main approaches.

According to Rashi, mayim shelanu is required because, during the winter months, the sun traverses the earth much closer to the earth than it does in the summer. Thus, the areas of the earth in which there are open bodies of water become heated to a much greater degree in the winter than they are in the summer, making the water too warm for baking matzohs. Since Pesach in the northern hemisphere is at the end of the winter, it arrives when outside water is warmer than desired for matzoh baking, until it has had ample time to cool. Since the Gemara mentions specifically that the water was lanu, many authorities maintain that the water must rest in a cool place for a minimum of twelve hours (Gra).

Mayim shelanu in the southern hemisphere

It would seem that, according to Rashi, there is no need for mayim shelanu when making matzoh before Pesach in Argentina, Australia, South Africa and anywhere else in the southern hemisphere, since, in that part of the world, Pesach falls at the end of the summer, not the end of the winter. Similarly, someone baking Pesach matzohs in the summer months in the northern hemisphere would not require mayim shelanu. Although this last piece of information may not be germane to any existing kosher lePesach matzoh bakeries, it will be of interest to those producing matzoh for the grain offerings, the menachos, to be offered in the Beis Hamikdash when it is rebuilt, speedily and in our days, since, with only two exceptions, they may not be chometz.

River water

The rishonim quote that Rashi himself held that mayim shelanu is required only when using water from a spring or a cistern, but not when using water drawn from a river. Some explain that this is because we can assume that it has already had sufficient time to cool (Responsum of Rashi, quoted by Ravyah #485, as explained by Kolbo #48). However, later authorities (Ravyah #485; Shulchan Aruch, Orach Chayim 455:1) do not accept this lenient ruling and require that river water wait several hours before use for baking matzohs.

Here comes the sun!

The second reason for mayim shelanu is that provided by Rav Eliezer of Metz, a disciple of Rabbeinu Tam and the author of Sefer Ye’rei’im, an important early halachic source. The Ye’rei’im explains that one should not use water for matzohs unless it rested, because water drawn at night from underground was heated by the sun, since the sun is on the other side of the earth at night. He rules that water drawn at the very beginning of the night can be used immediately, since it has not yet had opportunity to become hot. This lenience applies to water drawn at the very end of the day, during twilight (bein hashemashos), or at the beginning of the night.

Luck of the draw

Among the major halachic commentaries to the Tur and the Shulchan Aruch, we find three different ways of understanding the Ye’rei’im’s position:

  1. According to the Taz, the Ye’rei’im required that matzohs be baked only with water that was drawn during the evening, as described above. Any water drawn at any other time is considered to have become heated and may no longer be used for matzoh production. The Taz contends that one may not use for baking matzohs any water that was ever known to be hot, even if it was subsequently cooled and allowed to rest. Several other authorities, such as the Hagahos Semaq 222:9, and the Mizrachi, also rule this way (as understood by the Beis Yosef and the Taz.) The reason why we refer to the water as “water that rested overnight” is because usually one needs to draw it at least a day before one will use it, and prior to the night.
  2. According to the Bach’s understanding of the Ye’rei’im, one may never use water drawn at night, but water drawn in the daytime becomes usable after it has been allowed to cool until the following morning.
  3. According to the Beis Yosef’s understanding of the Ye’rei’im, water drawn any time other than twilight becomes permissible for matzoh production after it has been in a cool place overnight. Thus, water drawn at night becomes usable the morning after the following night, whereas water drawn in the daytime becomes usable the following morning.

According to all three opinions, the Ye’rei’im permitted immediate use of water that was drawn in the evening, whereas Rashi required this water to rest overnight. According to Rashi, water drawn in the daytime is acceptable for matzoh production after it has been left for twelve hours in a cool place, whereas according to the Ye’rei’im (as understood by the Beis Yosef and Bach), this water may not be used until the following morning, which is considerably more than 12 hours. The halachic authorities rule that lechatchilah one should draw mayim shelanu in the evening and then wait overnight until one uses it, which is basically following the stringencies of both Rashi and the Ye’rei’im.

This means that one draws water from a spring, well, or river immediately before twilight and leaves it in a cool place for a minimum of one complete night to allow it to cool (Shulchan Aruch Orach Chayim 455:1 and commentaries). One may draw water for several days at one time (Shulchan Aruch 455:1), provided one draws the water immediately before twilight and then stores it in a cool place, although some poskim prefer that the water be drawn freshly each night (Maharil quoted by Ba’er Heiteiv 455:7). The water should not be drawn or stored in a metal vessel since metal conducts heat and warms the water (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 since some liquid may mix with the water, and this may cause the dough to rise faster than otherwise (Magen Avraham ibid.). Many contemporary poskim discourage using tap water for matzos because of concern that fluoride and other chemicals introduced into the water may cause the dough to rise more quickly (see Mo’adim U’zemanim 3:261). It is important to note that the requirement for mayim shelanu is not only for the matzos eaten at the Seder, but also for all matzos eaten during the entire Pesach.

Rav Masneh’s lecture

At this point, let us return to a previous question: The Gemara tells us the amusing anecdote concerning the misunderstanding that resulted from Rav Masneh’s lecture, where the people misunderstood mayim shelanu to mean Rav Masneh’s water, until he clarified that it meant water that rested overnight.  Why is it important for the Gemara to tell us this story? From the Ye’rei’im onward, many halachic authorities discuss this question, providing a variety of answers. Some explain that Rav Masneh delivered this lecture on Yom Tov, and they infer the following conclusion: If matzoh made without mayim shelanu is prohibited, Rav Masneh would have left the people of Papunia with nothing to eat – they would have had to destroy all the matzoh they had already produced, since it was not made using mayim shelanu, and they would have had nothing to eat the next day either, since they had no water with which to bake. Since the Gemara mentions nothing of the hardship that was imposed by his ruling, we should conclude that the Gemara’s purpose is to teach that mayim shelanu is required only lechatchilah, but, after the fact, matzoh made using water that was not mayim shelanu is permitted (Sefer Ye’rei’im).

Others contend that Rav Masneh taught this as part of the Shabbos Hagadol drosha, and that Pesach that year began on Sunday night. (In our current calendar implemented by Hillel Hanasi, Pesach cannot begin on Sunday night. However, Rav Masneh lived at a time when the central Beis Din still determined the calendar on a monthly basis, and, in that era, Pesach could begin on any day of the week.) On Sunday, the people came to fetch water from Rav Masneh, intending to bake their matzohs in the afternoon. This was the common practice in earlier days – matzohs for the Seder were not baked until the afternoon of Erev Pesach, a practice mentioned in Shulchan Aruch and still practiced by many.

Now that they had no water with which to bake their matzohs, what were they to do for matzohs for the Seder? Since the Gemara does not say that they had a matzoh-less Seder, there are a few options:

  1. As we mentioned above, it could be that mayim shelanu is only a lechatchilah rule, but, after the fact, one who has no mayim shelanu can bake matzohs with room temperature water (Raavyah; Semag).
  2. As long as several hours have elapsed since the water was drawn, it is called mayim shelanu, regardless as to when it was drawn. Thus, having heard Rav Masneh’s ruling, the people immediately drew water and began timing the cooling off period. Towards evening, they baked their matzohs (Ravyah #485), or possibly even in the middle of the Seder!

As we all know, matzoh is made of only two ingredients, kosher-for-Pesach flour and water. Although few of us bake our own matzohs, we now know that there are halachos germane to what water one must use for baking matzohs. This provides some information that enables us to understand what is involved in the kashrus of one of the two ingredients in the manufacture of matzoh.

Baking with Hallel!

While baking matzoh on erev Pesach, there is a custom of singing Hallel with tremendous emotion. The moments that we recite Hallel then, and on Pesach itself, can encapsulate the most fervent experience of His closeness. Reliving Hashem’s miracles rekindles the cognizance of Hashem’s presence. In the merit of joyously performing the mitzvos of Seder night, may we soon see the return of the Divine Presence to Yerushalayim and the rededication of the Beis HaMikdash, and be zocheh to fulfill all of these mitzvos, including the korban Pesach!

 

 

Purim Mishaps, Part II

Question #1: Purim Damage

An inebriated Purim drop-in damaged some property in our house. May we collect damages?

Question #2: Hurt at a Wedding

At a wedding, two people collided, causing one of them to break a leg and lose work time. Is the person who hurt him liable?

Question #3: Purim Dress

Is it permitted for a man to wear a woman’s dress on Purim?

Introduction:

In part I of this article, we discussed whether someone who damaged property in the course of festivities is required to make compensation. We learned that there are sources on this topic dating back to the time of the Beis Hamikdash!

As we noted in the earlier article, early sources in the Mishnah and Gemara discuss whether one is required to pay for harm that occurred in the course of a celebration. According to Rashi’s interpretation, after the completion of the hakafos in the Beis Hamikdash on Hoshanah Rabbah, the adults would grab the lulavim and esrogim from the children and eat the esrogim. Rashi explains that there was no prohibition involved, because this was part of the holiday festivities.

Most, but not all, authorities accept this approach. The Beis Yosef (Orach Chayim 695) quotes some of the sources that excuse the merrymaker from damages, but states that this immunity exists only in communities where this type of rowdy behavior is commonplace. He then notes that in the area in which he lives, this type of raucous celebrating does not exist. Therefore, we understand why he omits any discussion of exempting merrymakers from damages in the Shulchan Aruch. On the other hand, numerous other authorities, predominantly Ashkenazim, exempt a person from paying damages that occur as a result of mitzvah gaiety (e.g., Mordechai, Sukkah 743; Agudah, Sukkah; Terumas Hadeshen 2:210; Yam shel Shelomoh, Bava Kama 5:10). The Rema rules this way in three different places (Orach Chayim 695:2; 696:8; Choshen Mishpat 378:9), and it is accepted subsequently as normative halacha.

Limitations

Notwithstanding the generally accepted approach that a merrymaker is exempt from paying damages, there are exceptions.

Physical injury

Does this exemption of liability apply, even when there is physical injury? The Magen Avraham raises this question and notes that it is the subject of a dispute among halachic authorities. He quotes the Keneses Hagedolah, who rules that one is obligated to pay for physical harm, whereas the Agudah rules that one is not. I noted in the first part of this article that the Terumas Hadeshen appears to agree with the Agudah that one is exempt, even when there is physical injury. His case was someone who used holiday festivities as an excuse to push another person very hard, causing major injury. The Terumas Hadeshen obligated him to pay, because the injury was intentional, but seemed to accept that if the damage had been a result of merrymaking, there would be no obligation to pay.

Why is he exempt?

Until now, we have been talking about whether a merrymaker is excused from financial compensation for damages, and we have discussed sources that exempt him, at least under certain circumstances, and other sources that do not. The next step in our discussion is to understand why he should be exempt. The halachic rule is that odom mu’ad le’olam, a person is always responsible to pay for damage that he causes (Mishnah, Bava Kama 26a). Why is there an exception for a merrymaker?

I have found three halachic approaches that suggest why the person responsible for causing damage is exempt from paying. As we will see, there are practical differences in halacha that result from the different approaches.

  1. Implied mechilah

When people participate in an activity together, there is an implied mechilah that one will not collect damages.

  1. Hefker beis din hefker

In order to not put a damper on people’s celebrating, Chazal exercised their authority of hefker beis din hefker (Bach, Yoreh Deah 182).

  1. Mitzvos are different

There is a special exemption for people participating in a mitzvah.

Not mutually exclusive

We should note that the three reasons we have mentioned are not mutually exclusive. A halachic authority might hold that two or three of the reasons apply. In other words, someone might contend that whenever damage occurs in the course of a simcha shel mitzvah, the party responsible is exempt for any of the reasons provided.

  1. Implied mechilah

One possible reason to exempt the merrymaker from damages is because of a principle that when people participate in an activity together, there is an implied mechilah that one will not collect damages. Here is an early example of such a ruling:

Two people were wrestling. In the course of their bout, one of the combatants knocked the other to the floor and then pounced on him. Unfortunately, his opponent suffered serious permanent injury as a result. The question asked of the Rosh is whether there is an obligation to pay damages.

The Rosh ruled that two people who decide to wrestle agree implicitly that each is mocheil the other for damages that happen as a result of their activity. Therefore, one cannot afterward submit a financial claim for injury (Teshuvos HaRosh #101:6). The Rosh is teaching us a halachic principle that one cannot claim damages that result from an activity that he joined willfully. Similarly, if someone stomps inadvertently on another person’s foot during dancing at a wedding or on Simchas Torah, there is no requirement to pay damages. Everyone knows that, in the course of the dancing in a crowded shul on Simchas Torah or at a wedding, occasionally someone is going to step on your foot. It is quite clear that everyone accepts that this may happen and is mocheil the person responsible. If you want to be certain not to get hurt, don’t participate in the dancing.

Minor damage

Notwithstanding that the logic asserted by the Rosh is undoubtedly true, it cannot be the only reason for the halacha exempting merrymakers from damage, for the following reason: According to Rashi’s understanding of the Mishnah quoted above, adults took the lulavim and esrogim of children, and this was acceptable because it was part of the holiday celebration. Yet, children do not have the halachic ability to be mocheil. Thus, at least according to Rashi, the heter releasing a merrymaker from liability must be based on a different halachic principle.

  1. Hefker beis din hefker

The principle of hefker beis din hefker allows a rabbinic court, or someone with equivalent authority, the halachic ability to forfeit a person’s ownership or claims. In our instance, it means that they rescinded the claimant’s rights to collect for damages that he incurred. The Bach assumes that the reason for exempting a merrymaker from paying damages is because Chazal exercised their authority of hefker beis din hefker in order not to put a damper on people celebrating (Bach, Yoreh Deah 182). In other words, someone may be reluctant to join the dancing at a wedding or on Simchas Torah out of concern that he may inadvertently hurt someone and be liable for damages. In order that people celebrate without reservation, Chazal exempted participants in certain semachos from paying damages.

This approach explains why adults were permitted to commandeer the property of children as part the Sukkos celebration, even though children cannot be mocheil. Although a child’s statement that he forgives someone’s liability to him has no legal status, Chazal have the ability to forfeit such a claim.

  1. Mitzvos are different

Here is yet another explanation why a merrymaker is exempt from paying damages: This is because the merrymaker was performing a mitzvah whose proper fulfillment precludes being as careful about one’s actions as one ordinarily must be. We find a similar idea in the following passage of Gemara (Bava Kama 32a): Someone running through a public area – an action that is otherwise considered unacceptable and liable – is exempt from paying damages if, in his rush to be ready for Shabbos, he collides with another person. Since he is racing for a mitzvah, he is not liable (see Piskei Rid ad locum).

The same approach can be applied to our merrymaker. He will be unable to entertain properly if he is constantly thinking of the legal responsibility that might result from his actions. Therefore, as long as his celebrating is within normally accepted limits, he is exempt from damages that result. Later in this article, I am going to suggest that an early halachic authority, Rav Yehudah Mintz, usually called the Mahari Mintz, held this way.

Hurt at a wedding

At this point, let us examine the second of our opening questions: At a wedding, two people collided, causing one of them to break a leg and lose work time. Is the person who hurt him liable?

According to the Terumas Hadeshen and the Agudah, there is no requirement in this instance to pay damages, since they rule that a merrymaker is exempt from damages even if there was physical injury. In this instance, the Bach would also agree that he is exempt since, although there is physical injury, it is likely to heal, and he rules that as long as no permanent damage resulted, a merrymaker is exempt from making compensation. However, it would seem that the Keneses Hagedolah, who rules that physical injury is not included in this exemption from compensation, would require our merrymaker to pay.

Purim Dress

At this point, we will examine the third question asked above: “Is it permitted for a man to wear a woman’s dress on Purim?”

The Mahari Mintz was one of the greatest halachic authorities of 15th century Ashkenaz. Born in Germany, he was the rav of Padua, Italy, for 47 years, where he founded one of the most famous yeshivos of his era. (To play a bit of Jewish geography, the Maharam Padua, one of the Mahari Mintz’s renowned disciples, who married the Mahari Mintz’s granddaughter and also became his successor, was a cousin of the Rema.)

In a responsum, the Mahari Mintz addresses whether it is permitted for men to wear women’s clothing as part of the Purim celebration and, vice versa, whether a woman may wear men’s clothing. The Mahari Mintz quotes a mechutan of his, Rav Elyakim – whom the Mahari Mintz describes as knowing all areas of Torah and being the greatest halachic authority of his time – as having permitted this. The Mahari Mintz agrees with his mechutan, explaining that the prohibition against wearing other gender clothing is only when one’s interest is to dress or act like the other gender, but not when one’s goal is to celebrate. He quotes as proof an early ruling of the Riva, one of the baalei Tosafos, that all food grabbed by young men in the course of the Purim celebration is not considered stolen, provided that this happened sometime between the reading of the Megillah at night and the end of the Purim seudah (Shu”t Mahari Mintz, end of #16). Thus we see that celebrating Purim can sometimes exempt one from other obligations.

The Bach took great issue with the Mahari Mintz’s ruling permitting the wearing of other gender clothing on Purim. Allow me to quote some of the Bach’s discussion on the subject. “One should note that there is a practice on Purim that men wear women’s clothing, and vice versa, without anyone protesting that this is a violation of halacha. According to what I explained above, wearing clothing of the opposite gender to appear like them is certainly forbidden. Rav Yehudah Mintz already discussed this issue in his responsum, saying that, since their intention is to celebrate Purim, there is no prohibition, similar to the ruling that a man may shave his underarm hair when it is uncomfortable (an act that is usually prohibited, because of the prohibition of men wearing women’s clothing and performing activities that are considered feminine). However, it appears to me that what Rav Yehudah Mintz wrote is inaccurate, since Rabbi Eliezer of Metz [one of the baalei Tosafos, a disciple of Rabbeinu Tam, who lived in the 12th century] wrote explicitly that one may not wear clothing of the other gender in order to enhance the celebration of a choson and kallah… Without any question, had Rabbi Yehudah Mintz seen the words of Rabbi Eliezer of Metz, he would not have written what he did. Rabbi Yehudah Mintz also wrote that, since there is the established heter of grabbing food on Purim and it is not considered theft, similarly, changing clothing [to that of the other gender] is permitted. However, his logic here is erroneous, because in regard to money, there is a halachic rule of hefker beis din hefker… however, the city elders cannot permit something that is prohibited [such as wearing clothing of the other gender]” (Bach, Yoreh Deah 182).

Notwithstanding the Bach’s disagreement, the Rema (Orach Chayim 696:8) rules that it is permitted to wear clothing of the other gender as part of the celebration of Purim, provided that one does so only on the day of Purim itself. (We should note that the Mishnah Berurah and many other late authorities frown on the practice.)

The question that we need to address is, what did Rabbi Yehudah Mintz hold is the reason to exempt a merrymaker from paying for damage that he caused? He could not have held either of the first two reasons we mentioned above, since neither reason would allow someone to celebrate by wearing clothing of the other gender, and Rabbi Yehudah Mintz compares the two practices. Apparently, he understood that the basis for exempting someone from payment is because he was involved in performing a mitzvah (celebrating Purim), and that wearing clothes of the opposite gender is prohibited only when one’s motivation is to look somewhat like the other gender, but not when one is doing so to perform a mitzvah.

Conclusion

In general, we must realize that we should perform Hashem’s mitzvos with much enthusiasm. Although this is an important value, we must also always be careful that our enthusiastic observance of mitzvos does not cause harm. Nevertheless, we now know that there are instances when someone might be exempt from payment for damage he caused while he was performing a mitzvah, particularly when the mitzvah involved celebrating.

 

 

Purim Mishaps

In honor of Parshas Zochor, we will be discussing:

Purim Mishaps

Question #1: Stole a Brocha?

Someone walked into our Purim seudah, helped himself to some kreplach, recited a loud brocha and then disappeared. Should we have answered “amen” to his brocha?

Question #2: Purim Damage

An inebriated Purim drop-in damaged some property in our house. May we collect damages?

Question #3: Hurt at a Wedding

At a wedding, two people collided, causing one of them to break a leg and lose work time. Is the person who hurt him liable?

Introduction

Although we certainly hope that our Purim celebrations do not result in anyone getting hurt, the topic of this week’s article is whether someone is required to pay compensation, should he cause damage in the course of festivities. As we will discover, this is an old question, with sources dating back to the time of the Beis Hamikdash! As always, our discussion is not meant for halachic conclusion – for that we refer the reader to his own rav, dayan or posek. The purpose of our article is to provide educational background.

Early sources in the Mishnah and Gemara discuss whether one is required to pay for harm that transpired in the course of a celebration. Let us begin with an anecdote mentioned in the Mishnah (Sukkah 45a), which states, according to Rashi’s interpretation, that after the completion of the hakafos in the Beis Hamikdash on Hoshanah Rabbah, the adults would grab the lulavim and esrogim from the children and eat the esrogim. Rashi explains that there was no prohibition involved because this was part of the holiday festivities. To quote Rashi’s actual words, Ve’ein badavar lo mishum gezel velo mishum darchei shalom shekein nohagu machmas simcha, “there is no violation of the laws of theft or of darchei shalom, because this practice was part of the celebration.” Rashi’s unusual reference to “theft or darchei shalom” is presumably based on the fact that children who were underage could have acquired their esrogim in one of two ways:

(1) Their fathers could have purchased them, in which case the lulavim and esrogim belong to the children min haTorah, and one would have thought that taking them violates stealing.

(2) The children found the lulavim and esrogim, in which case the violation is because of darchei shalom. (See Mishnah, Gittin 59b, for further discussion on this last point.)

(Those who would like to research this subtopic in more detail should note that the approach is based on the comments of the Kapos Temarim, who disagrees with the view of the Tosafos Yom Tov.

The Kapos Temarim was authored by Rav Moshe ibn Chabib, a distant cousin of the author of the Ein Yaakov [both of them were descendants of the Nimukei Yosef]. Rav Moshe ibn Chabib was born in Salonica about the year 1654, attended yeshivah in Istanbul and was sent to Yerushalayim by Rav Moshe Ya’ish, a businessman in Istanbul, to become a magid shiur of the yeshivah there that Rav Ya’ish supported. As hakaras hatov to his benefactor, for the first three years after his arrival in Yerushalayim, Rav Moshe ibn Chabib sent back to Rav Ya’ish notes from his shiurim in the yeshivah, which he developed into seforim on mesechtos Rosh Hashanah, Yoma, and Sukkah. Rav Ya’ish arranged for these chiddushim to be published in Istanbul.

After three years in Yerushalayim, Rav Moshe Galanti, the first to hold the position called rishon letziyon, passed on, and Rav Moshe ibn Chabib, then only about thirty-five years old, was appointed as his replacement to be the rishon letziyon. This is quite astounding, since there were approximately one hundred great talmidei chachamin at the time in the very small community of Yerushalayim, many of them decades older than he. This underscores his tremendous status as a gaon in learning.

Unfortunately for us, his responsibilities as rishon letziyon apparently precluded his continuing his series on Shas. We do have scattered responsa from him and a monumental work on the laws of gittin. Rav Moshe ibn Chabib served as rishon letziyon until his premature passing at the age of 47.)

Wedding jousting

Tosafos notes that, according to Rashi, the following halacha would result.

“We can learn from here that young men who ride on their horses to greet a chosson and they fight together (probably a jousting match or something similar, performed to entertain the celebrants) – if one of them tears the other’s clothing or injures his horse, they are not liable, because this is the minhag established because of simcha.” In other words, when people are involved in celebration, even should it get somewhat rowdy, the established practice exempts a person from paying damages that may result.

We should note that Tosafos mentions that one young man tore another’s clothing or injured his mount, both of which are instances of property damage – but Tosafos does not discuss whether there is liability in the event of physical injury. We will discuss more on this point shortly.

Tosafos then suggests an alternative way to explain the Mishnah: After the last of the hakafos, the children removed their own lulavim from the hadasim and aravos and began to play with their lulavim and eat their own esrogim (and not that the adults grabbed the children’s lulavim and esrogim). According to this approach, the Mishnah contains no reference to someone taking another person’s property as part of the celebration, and it therefore provides no source that a celebration exempts liability should one damage someone else’s property. However, although the second approach does not provide a source exempting a simcha situation from liability, this does not necessarily mean that those who understand the Mishnah this way require that a celebrant pay damages. It simply means that there is no source from the Mishnah regarding this law.

It is interesting to note that Rashi on the Gemara (46b) cites Tosafos’ approach in explaining the Gemara and disagrees with it on the basis of a Midrash Rabbah that he quotes. This leads to an interesting discussion among the early acharonim.

The Maharam notes that Tosafos does not point out in either place that Rashi himself mentions the other approach and disagrees with it. The Maharam concludes that Tosafos obviously did not have this text in Rashi; he also notes that he found other editions of the Gemara that do not have this Rashi. The Gra similarly states that this text is not part of what Rashi wrote but was written by someone later, and then added to our editions by an errant copyist. However, we should note that these comments are attributed to Rashi’s commentary even in the very earliest printed Shas, the Bomberg edition, printed in Venice in 1521. That would mean that the Maharam and the Gra are noting that this mistake crept into Rashi even earlier, probably before the era of printing.

We find evidence that not all rishonim agree that someone who caused damage while celebrating a simcha is exempt. This disagreement is borne out by a ruling of the Rosh, recorded in the following responsum (Teshuvos Harosh 101:5).

Just muling around

For the occasion of his wedding and sheva brochos, a chosson rented an elegant mule. The rental agreement from the non-Jewish owner included a provision that, if the mule was injured, the renter/chosson would be required to pay not only damages but also a substantial fine, far more than the market value of the animal.

In the course of the merriment, a celebrant who was on horseback playfully chased after the chosson. His steed collided with the chosson’s mule, severely injuring the mule. Subsequently, there was a din Torah concerning payment for the damage to the chosson’s rented mule. (Some friend! And what a way to celebrate your wedding!) The Rosh rules that the friend is obligated to pay the damages for the mule, but he is not obligated to pay the cost of the contractual fine over and above the value of the mule, for reasons unrelated to our discussion.

The Maharshal notes that if a celebrant at a simcha is exempt from damages, the chosson’s friend should have no legal responsibility to make restitution. He therefore concludes that the Rosh disagrees with those who contend that there is an exemption from paying damages caused by mitzvah merriment (Yam shel Shelomoh, Bava Kama 5:10).

Rowdy Ashkenazim

The Beis Yosef (Orach Chayim 695) quotes some of the sources that excuse the merrymaker from damages, but notes that this immunity exists only in communities where this type of rowdy merrymaking is common practice. He then notes that in the area in which he lives, this type of rowdy celebrating does not exist. Therefore, we understand why he omitted any discussion of exempting merrymakers from damages when he wrote the Shulchan Aruch. On the other hand, numerous other authorities, predominantly Ashkenazim, exempt the person from paying damages caused by mitzvah gaiety (e.g., Mordechai, Sukkah 743; Agudah, Sukkah ad locum; Terumas Hadeshen 2:210; Yam shel Shelomoh, Bava Kama 5:10). The Rema rules this way in three different places (Orach Chayim 695:2; 696:8; Choshen Mishpat 378:9), and it is accepted subsequently as normative halacha. (One later authority who disagrees with the Rema is the Yesh Seder Lemishnah, in his commentary to the Mishnah in Sukkah.) Here I will quote one of the places where the Rema cites this law: Young men who ride to greet the chosson and kallah, and damage one another’s property while celebrating, are exempt from paying, since this is the accepted custom. However, if it appears to beis din that this practice needs to be curtailed, it is authorized to require payment.

Limitations

Notwithstanding the generally accepted approach that a merrymaker is exempt from paying damages, there are exceptions. Here is an extreme example, mentioned by the Terumas Hadeshen:

Eliezer claims that Gershom pushed him extremely hard during the Hoshanos and the subsequent impact broke Eliezer’s shoulder blade. Eliezer is now suing Gershom for compensation for his medical expenses, lost work time, and other damages. Gershom retorts that since it happened in the course of the Sukkos celebrations, he is exempt from paying. Testimony was introduced that Gershom’s act was premeditated – he was angry at Eliezer and used the Hoshanos observance as a ruse to disguise his reprehensible intentions. The two men were indeed involved in a serious tiff.

Indeed, although the Torah would require someone who injures someone intentionally to pay not only for the other abovementioned costs, but also for embarrassment and pain, such claims require the authorization of judges who have semicha for these laws in a mesorah that traces itself back to Moshe Rabbeinu. In addition, these claims can be collected only when they can be proven. Nevertheless, the Terumas Hadeshen rules that since the damage was malicious, and Gershom attempted to mask his intentions in a way that he would not be liable, the situation requires punishment beyond what the law would necessarily require (Terumas Hadeshen 2:210).

We should note that the Terumas Hadeshen contends that Gershom is responsible because he intended to injure Eliezer. However, had the injury been unintentional, the Terumas Hadeshen agrees that there would be no financial liability, notwithstanding the fact that there was physical injury and fairly extensive damages. This leads us to our next subtopic.

Physical injury

Does the exemption of liability caused in the course of mitzvah merriment apply even when there is physical injury? The Magen Avraham raises this question, and notes that it is subject to a dispute among halachic authorities. He quotes the Keneses Hagedolah, who rules that one is obligated to pay for physical harm, whereas the Agudah rules that one is not. We also noted above that the Terumas Hadeshen held, like the Agudah, that one is not obligated to pay even in the instance of physical injury, should the cause of damage be the merriment and not someone’s despicable intentions.

A similar question was asked of the Bach. During a wedding meal, one of the celebrants smashed his drinking glass against a wall and the flying glass caused someone serious, permanent injury. Is the glass smasher obligated to compensate for the damages, or is he exempt because of the rule of merrymaking? The Bach cites the dispute about whether a merrymaker is obligated to compensate for physical injuries. He rules that, even according to those who rule that physical injuries are included in the exemption, permanent physical injury is not included (Shu”t Habach #62). This opinion of the Bach is cited by some later authorities (He’aros Rav Boruch Frankel on Shulchan Aruch, Orach Chayim 695; Mishnah Berurah 695:13).

Stole a Brocha

At this point, let us examine the first of our opening questions:

Someone walked into our Purim seudah, helped himself to some kreplach, recited a loud brocha, and then disappeared. Should we have answered “amen” to his brocha?

The halachic question here is that, in general, it is forbidden to recite a brocha on stolen food, and, therefore, one may not answer amen to such a blessing. The question is whether this food is considered stolen.

Some prominent 15th century halachic authorities quote an early ruling of the Riva, one of the baalei Tosafos, that all food grabbed by young men in the course of a Purim celebration is not considered stolen, provided that this happened sometime between the reading of the Megillah at night and the end of the Purim seudah (Terumas Hadeshen 1:110; Shu”t Maharam Mintz, end of #16). The Beis Yosef (Orach Chayim 696) quotes this ruling as normative halacha. As a result, the Mishnah Berurah rules that someone who took food from another person during the Purim celebrations may recite a brocha. Nevertheless, he also quotes the Shelah (quoted by the Elya Rabbah) who frowns on this behavior, stating that anyone concerned about his Judaism should not conduct himself this way. Nevertheless, notwithstanding the conclusion that the Mishnah Berurah applies to this ruling, the halacha remains that, since the individual who helped himself to the kreplach did not steal, he was required to recite a brocha prior to eating it, and the brocha was therefore not recited in vain. The result is that one is required to answer amen to this brocha.

Please click here for Part II of this article. .

 

Do I say Yaaleh Veyavo, Retzei or both?

Since Rosh Chodesh falls on motza’ei Shabbos, I thought it appropriate to discuss:

Do I say Yaaleh Veyavo, Retzei or both?

Question #1: Is it Shabbos versus Rosh Chodesh?

“When Rosh Chodesh begins on motza’ei Shabbos, do I say Yaaleh Veyavo in bensching at seudah shelishis?”

Question #2: Why is this night of Chanukah different from all other nights?

“Chanukah begins this motza’ei Shabbos. If I finish seudah shelishis after nightfall, do I include Al Hanissim in bensching?”

Introduction

When we recite birchas hamazon on Shabbos, Yom Tov, Chol Hamoed, Rosh Chodesh, Chanukah and Purim, we include special prayers to commemorate the holiday: on Shabbos, a passage beginning with the word Retzei; on Yom Tov, Chol Hamoed and Rosh Chodesh, the opening words are Yaaleh Veyavo; and on Chanukah and Purim, Al Hanissim.

In a different article, I discussed whether one recites these additions when one’s meal was divided between a holiday and a weekday – i.e., one ate part of his meal on the holiday and part before or after; or when the change of date transpired between the eating of the meal and the bensching. Does one recite the special addition to commemorate the holiday when this happens, or does one omit it? We discovered that there are several opinions as to what to do. These are the earliest opinions that I found:

  1. When one bensches

The Rosh rules that one recites the version of birchas hamazon appropriate to when one bensches, regardless as to when one ate the meal. In his opinion, one who finished seudah shelishis after nightfall does not recite Retzei. Similarly, one whose Purim seudah ends after Purim does not recite Al Hanissim. The Rosh also holds that someone who completed a meal before Rosh Chodesh and bensches after it is dark should recite Yaaleh Veyavo.

  1. The beginning of the meal

The Maharam, as understood by the Bach and the Aruch Hashulchan, maintains that the text of the bensching is established according to what was correct when the meal began. Therefore, one who finished seudah shelishis after nightfall recites Retzei, since his meal began on Shabbos. (There is an exception – if he did something to declare that Shabbos is over, such as reciting havdalah, davening maariv, or even simply answering borchu, he does not recite Retzei any more, as it is therefore inconsistent to mention Shabbos in bensching.)

  1. All of the above

The Maharam, as understood by the Taz, contends that one adds the special prayer if either the meal began on the holiday or one is bensching on the holiday. Thus, one who finished seudah shelishis after nightfall recites Retzei, and someone who completed a meal before Rosh Chodesh and bensches after it is dark should recite Yaaleh Veyavo.

The halachic conclusion

The halachic consensus regarding someone who began his meal on Shabbos or Purim and continued it into the night is that one recites Retzei or Al Hanissim, following the position of the Maharam and not the Rosh.

Conflicting prayers

The topic of our current article adds a new aspect to this question – what to do when Rosh Chodesh or Chanukah begins on motza’ei Shabbos, and seudah shelishis started on Shabbos and was completed on Rosh Chodesh or on Chanukah. According to the Rosh, one should recite Yaaleh Veyavo or Al Hanissim, whether or not one ate on Rosh Chodesh or on Chanukah. However, the consensus of halachic opinion is that the Maharam’s opinion is accepted, in this topic, over that of the Rosh. According to those who understand that the Maharam ruled that one should always recite the text of birchas hamazon appropriate to the beginning of the meal, one should recite Retzei. Yet, many authorities follow the second interpretation of the Maharam mentioned above, that one adds the special prayer if either the meal began on the holiday or one is bensching on the holiday. What complicates our question is that there may be a requirement to recite both Retzei and either Yaaleh Veyavo or Al Hanissim, yet mentioning both in the same bensching might be contradictory in this instance, since the holiday begins after Shabbos ends. As we will soon see, whether or not this is a problem is, itself, debated by the authorities.

The earliest authority that I found who discusses this predicament is the Bach (end of Orach Chayim, 188). Regarding what to recite when seudah shelishis continues into Rosh Chodesh, he concludes that one should say Retzei and not Yaaleh Veyavo, because the beginning of a meal determines the exact text of its birchas hamazon. As I mentioned above, this is precisely the way the Bach understands the Maharam’s position – that the proper bensching is always determined by the beginning of the meal. Since the halacha follows the Maharam’s position, the Bach comfortably rules according to his understanding of the Maharam, that one recites Retzei and not Yaaleh Veyavo.

The Magen Avraham (188:18; 419:1) analyzes the issue differently from the way the Bach does. First, he considers the possibility that one can recite both Retzei and Yaaleh Veyavo. This is based on his understanding of the Maharam’s position that ending a meal on Rosh Chodesh or a different festival is reason to recite the holiday additions, even if the meal started on a weekday. However, the Magen Avraham concludes that one cannot recite both Retzei and Yaaleh Veyavo in this instance, because this is an inherent contradiction: If it is already Rosh Chodesh, it is no longer Shabbos, and if it is still Shabbos, it is not yet Rosh Chodesh. Since this is now a conundrum, the Magen Avraham concludes that one should follow the Rosh’s opinion, that one recites whatever is appropriate to be said at this moment, which means to recite only Yaaleh Veyavo. Magen Avraham contends that this practice is followed only when one ate bread on Rosh Chodesh. If he did not eat bread on Rosh Chodesh, then he should say only Retzei, following the Maharam’s opinion that the special prayers are determined by the beginning of the meal.

Chanukah on motza’ei Shabbos

The Magen Avraham also rules that there is a difference in halachah between Rosh Chodesh and Chanukah. When Chanukah begins on motza’ei Shabbos and seudah shelishis extended into the beginning of Chanukah, he rules that one should recite only Retzei and not Al Hanissim, even if he ate bread on Chanukah.

Why is Chanukah different from all other nights?

The Magen Avraham explains that, whereas when reciting Yaaleh Veyavo on a weekday Rosh Chodesh bensching is required, reciting Al Hanissim in bensching of a weekday Chanukah is technically not required, but optional. Therefore, when his meal began on Shabbos (which was as yet not Chanukah) and he is, therefore, required to recite Retzei, even if he continued the meal into Chanukah and ate bread then, the optional addition of Al Hanissim does not cancel the requirement to recite Retzei.

More opinions

Thus far, we have seen two opinions concerning what to do for the bensching of a seudah shelishis that extended into Rosh Chodesh that begins on motza’ei Shabbos:

(1) The Bach, that one should recite Retzei and not Yaaleh Veyavo.

(2) The Magen Avraham, that if he ate bread on motza’ei Shabbos he should recite Yaaleh Veyavo, but otherwise he should recite Retzei.

A third position is that, once it is Rosh Chodesh, one should recite Yaaleh Veyavo and not Retzei (Maharash of Lublin, quoted by Shelah and Taz 188:7). The Maharash maintains that since at the time he bensches it is Rosh Chodesh, the requirement to recite Yaaleh Veyavo is primary and preempts the requirement to recite Retzei, which he considers to be secondary, since it is no longer Shabbos.

Why not both?

The Taz (188:7) disagrees with all the above-mentioned positions, challenging the assumption that one cannot recite both Retzei and Yaaleh Veyavo. He concludes that since Yaaleh Veyavo is recited after Retzei there is no contradiction, since Rosh Chodesh begins after Shabbos ends. Therefore, one who ate on Shabbos and is bensching on Rosh Chodesh should recite both additions.

To sum up, someone whose meal began on Shabbos and is bensching on Rosh Chodesh, should:

  • recite Yaaleh Veyavo, according to both the opinion of the Rosh and that of the Maharash,.
  • recite Retzei, according to the opinion shared by the Bach and the Aruch Hashulchan.
  • recite both Retzei and Yaaleh Veyavo, according to the conclusion of the Taz,.

According to the ruling of the Magen Avraham, if he ate bread after Rosh Chodesh arrived, he should recite Yaaleh Veyavo. If he did not, he should recite Retzei.

Rabbi, what should I do?

The Mishnah Berurah (188:33), when recording what to do, implies that one should follow the position of the Magen Avraham. He then mentions the Taz as an alternative approach – that one should say both Retzei and Yaaleh Veyavo. This is consistent with the Mishnah Berurah’s general approach of following the Magen Avraham, except when the latter’s position is opposed by most later authorities.

The Aruch Hashulchan, on the other hand, concludes neither as the Magen Avraham nor the Taz, but that what one recites is always determined by the beginning of the meal. Therefore, in this situation, he rules to recite Retzei and omit Yaaleh Veyavo, regardless of whether one ate on Rosh Chodesh.

Since there are many conflicting positions as to which additions to recite when Rosh Chodesh begins on motza’ei Shabbos, many people avoid eating bread after nightfall. They eat all the bread that they intend to eat towards the beginning of the meal, and upon completing the seudah, recite bensching including Retzei and omitting Yaaleh Veyavo. This approach follows the majority of halachic authorities (Bach, Magen Avraham, Aruch Hashulchan, Mishnah Berurah [according to his primary approach]), although it runs counter to the opinions of the Maharash and the Taz. Those who want to avoid any question recite birchas hamazon before the arrival of Rosh Chodesh.

Conclusion

In our daily lives, our hearts should be full with thanks to Hashem for all He does for us. Birchas hamazon provides a regular opportunity to elicit deep feelings of gratitude for what Hashem has done in the past and does in the present. All the more so should we should acknowledge Hashem’s help on special holidays.

 

 

Aliyah Laregel

This website contains many articles on a wide range of Yom Tov related topics that can be found under the headings Sukkah, Esrog, Yom Tov, Hallel, Chol Hamoed, Eruv Tavshillin. The enclosed article discusses a different aspect of Yom Tov observance, that of…

Aliyah Laregel

Question #1: Yizkor on Simchas Torah?

“Is there a reason why Yizkor is recited in Eretz Yisroel in the middle of the Simchas Torah davening?”

Question #2: No Aliyah Laregel

“Someone once told me that when the Beis Hamikdash is rebuilt, the mitzvah of Aliyah Laregel will be optional. How can that be?”

Question #3: Women and Yaaleh Veyavo

“If a woman forgot Yaaleh Veyavo in bensching of Yom Tov, does she repeat the bensching?”

Introduction:

Although we cannot observe the beautiful mitzvah of Aliyah Laregel until the Beis Hamikdash is rebuilt, many halachic observances and customs result from the laws associated with this mitzvah. The questions above reflect some of those practices.

The mitzvah of Aliyah Laregel

The mitzvah of Aliyah Laregel is mentioned several places in the Torah. In parshas Ki Sissa (Shemos 34:23), the Torah states: Shalosh pe’amim bashanah yeira’eh kol zechurcha es penei Ha’adon Hashem, Elokei Yisroel, “Three times a year shall all your males appear in the Presence of the Lord, Hashem, the G-d of Israel,” and a similar posuk appears in parshas Mishpatim (Shemos 23:17). In parshas Re’eih (Devorim 16:16), the Torah specifies that the three times are Pesach, Shavuos, and Sukkos. In this last place, the Torah concludes with the following statement: “Three times a year, all your males shall appear before Hashem, your G-d, in the place that He will choose, and you should not appear before Hashem empty-handed. Each man should bring with him according to the bounty that Hashem your G-d has provided you.”

This last verse teaches that the mitzvah is not only to ascend to Yerushalayim and to the Har Habayis (the “Temple Mount”), but also to bring korbanos when we come. It also states that a wealthier individual is obligated to spend more on his korbanos than a pauper (Mishnah, Chagigah 8b).

Three mitzvos

When the Tosefta (Chagigah 1:5) and the Gemara (Chagigah 6b) discuss the details of Aliyah Laregel, they refer to it as three mitzvos: “The Jewish people were commanded three mitzvos when they were oleh regel,” that is, traveling to the Beis Hamikdash grounds on Yom Tov required three specific mitzvah actions:

  1. From the words of the above-quoted posuk, “You should not appear before Hashem emptyhanded,” we derive that one is required to offer a korban olah when we appear in the Beis Hamikdash, called an olas re’iyah. This korban is completely consumed on the mizbeiach, except for its hide, which is given to the kohanim as one of the gifts that the Torah provides.
  2. The mitzvah of offering special korbanos shelamim in honor of the festival, called Chagigah or shalmei chagigah. Some of the meat of this korban goes to the kohanim, but most of it goes to the owners who serve it as part of their Yom Tov meals while in Yerushalayim. Any tahor Jewish person is permitted to eat from this korban.
  3. The mitzvah of simcha, which includes offering korbanos and eating their meat on each day of the festival, including chol hamoed. Since meat of korbanos may be eaten only in Yerushalayim, this means that, at the time of the Beis Hamikdash, the entire Jewish people spent the whole Yom Tov, including all the days of chol hamoed, in Yerushalayim.

One fulfills this latter mitzvah with any animal korban from which one is permitted to eat, including other korbanos that one must offer anyway (Mishnah, Chagigah 7b). In other words, one may wait to bring his other required korbanos, such as firstborn animals, maaser beheimah, donated shelamim offerings, and chata’os until Yom Tov, and offer them then, while one is in Yerushalayim anyway. When he offers them on Yom Tov, he may fulfill the requirement of consuming shalmei simcha with the meat of these korbanos. (In the case of chata’os and similar korbanos, this approach can be used only by kohanim, since no one else is permitted to consume them.)

Rules of Har Habayis

One is required to be completely tahor when ascending the Har Habayis and to do so with complete awe of the sanctity of the place, and to act appropriately. Among the specific laws that apply on Har Habayis is a prohibition against wearing shoes and of carrying one’s wallet or money belt.

Exempt from Aliyah Laregel

Notwithstanding the words of the Torah that all the males should ascend the Har Habayis three times a year, Chazal derive that there is a long list of men who are exempt from fulfilling the mitzvos of re’iyah. This list includes:

  1. Difficulty in walking

Anyone who has difficulty walking is exempt from the mitzvah of Aliyah Laregel. This includes the elderly, the ill, someone with a lameness or injury in his legs, and even those who are unused to walking without shoes, since one is prohibited from wearing shoes on the Har Habayis (Chagigah 4a). Someone who can walk there only because he uses a prosthesis is also exempt from the mitzvah (Chagigah 3a; 4a). Similarly, someone who has discomfort in one leg, even if he has no discomfort in the other leg and can still walk, is also exempt (Chagigah 3a).

  1. Vision impaired

Anyone whose vision is impaired is exempt from the mitzvah. This includes someone who can see out of only one eye (Chagigah 4b).

  1. Hearing impaired

Someone who cannot hear, but can speak, or someone who can speak but not hear is exempt from the mitzvah of re’iyah, although they are obligated in simcha and indeed all other mitzvos of the Torah (Chagigah 2b). Also, someone who does not hear in one ear is exempt from re’iyah (Chagigah 3a).

All three of these categories of people who are exempt from the mitzvah of Aliyah Laregel and of offering the olas re’iyah and the shalmei chagigah are still obligated in the third mitzvah mentioned above, of partaking in korbanos simcha (Rambam, Hilchos Chagigah 2:4, based on Gemara Chagigah 4a). This is, of course, assuming that they went to Yerushalayim for Yom Tov, because one may eat these korbanos only there.

  1. Tamei

People who are tamei are exempt from fulfilling the mitzvah of Aliyah Laregel (Gemara Chagigah 4b; Tosefta Chagigah 1:1). Someone who is tamei is required to make himself tahor in order to fulfill the mitzvah of Aliyah Laregel. However, if he did not purify himself or was unable to do so, he is now exempt from the mitzvah, since as long as he is tamei he may not enter the Beis Hamikdash grounds. Indeed, someone who is tamei cannot fulfill the mitzvah of Aliyah Laregel, since he is not allowed to enter the Beis Hamikdash grounds (Rambam, Hilchos Chagigah 2:1).

There is a major difference between the various categories of exemptions from Aliyah Laregel. People excused from the mitzvah for medical reasons may perform the mitzvah, and if they do so, they will be rewarded as einam metzuvim ve’osim, those who perform a mitzvah that they are not obligated to perform. However, someone who is tamei is forbidden to participate in Aliyah Laregel, since doing so would cause him to violate the sanctity of the Beis Hamikdash. He should try to make himself tahor as soon as possible.

  1. Uncircumcised

There are specific situations in which someone is not obligated to have a bris milah performed, because of the danger that is involved. Although such a person is exempt from the mitzvah of bris milah, he is still not circumcised, and, as such, he is exempt from several of the Torah’s mitzvos, including the mitzvah of Aliyah Laregel. Similar to the person who is tamei, this individual is forbidden to observe the mitzvah.

Children

Although a child is not required to observe any mitzvah, Chazal required the father to see to it that he observe most mitzvos, in order to acquaint himself with keeping them. In this context, we find a dispute between Beis Shammai and Beis Hillel. Both schools hold that a father is required to have his minor son accompany him on the mitzvah of entering the Beis Hamikdash on Yom Tov. The question is: From what age is the father obligated to do so? According to Beis Shammai, the father is obligated to do so from when the child is old enough to ride his father’s shoulders, when the father walks from Yerushalayim to the Har Habayis.

We should be aware that the responsibility of a father to train his child to perform a mitzvah is only when the child will be obligated to fulfill that mitzvah when he becomes an adult. Thus, regarding the mitzvah of Aliyah Laregel, should the child fit any of categories 1-3 above that exempt an adult from this mitzvah, the father is not obligated to bring the child with him when he is oleh regel (Rambam, Hilchos Chagigah 2:3).

Smelly professions

There are certain professions that leave their artisans with a malodorous odor. Tanners and copper smelters, for example, are surrounded by substances whose ill fragrance sometimes permeates their clothing and hair. Are they obligated in the mitzvah of Aliyah Laregel, or do we say that since their attendance might adversely affect other people required to observe the mitzvah that they are exempt? This question is discussed by the Gemara (Chagigah 4a). The Rambam (Hilchos Chagigah 2:2) concludes that they are required to clean themselves and their clothes fully and fulfill the mitzvah of Aliyah Laregel.

Yizkor and Aliyah Laregel

I mentioned previously the posuk from parshas Re’eih (Devorim 16:16), in which the Torah specifies that each person is obligated to donate according to the bounty that Hashem has provided him. At this point, I want to address one of our opening questions:

“Is there a reason why Yizkor is recited in Eretz Yisroel in the middle of the Simchas Torah davening?”

To answer this question, we need to explore the history of this prayer. Yizkor is a custom that began among Ashkenazim in chutz la’aretz and is recited four times a year: on Yom Kippur, the eighth day of Pesach, the second day of Shavuos and on Shemini Atzeres. Why specifically on these four days?

On all of these days, there was a custom to make donations to tzedakah, and, at one point, there became established an idea of reciting a prayer that the tzedakah donated should serve for the benefit of one’s departed parents and other relatives. On Yom Kippur, it is obvious why special donations were made to tzedakah, but why specifically on the three days of Yom Tov mentioned above, as opposed to the other days of Yom Tov?

The answer is that in chutz la’aretz, the reading for these three yomim tovim — the eighth day of Pesach, the second day of Shavuos and Shemini Atzeres — is in parshas Re’eih, and the last posuk of the reading states: “Each man should bring with him according to the bounty that Hashem your G-d has provided you.” Although the literal meaning of the posuk refers to the amount one should spend on the korban olas re’iyah, it certainly can be understood to include gifts for tzedakah, and indeed that became an accepted practice. The people made donations to tzedakah, but decided to have them as an iluy neshamah, an elevation for the souls of their departed relatives. (By the way, in some German communities, there was no minhag of Yizkor and instead, they observed a different practice on those days, called matanas yad.)

When the Ashkenazim began returning to Eretz Yisroel in the nineteenth century, they realized that in Eretz Yisroel, there is no eighth day of Pesach or second day of Shavuos, and the day that is called Shemini Atzeres in chutz la’aretz is called and observed as Simchas Torah, when we read parshas Vezos Haberacha and the beginning of Bereishis. Thus, parshas Re’eih is never read on Yom Tov.

Because people did not want to lose this beautiful minhag of reciting Yizkor, they continued to observe the practice on the day of Yom Tov closest to those days, that is, on the seventh day of Pesach, Shavuos, and on Simchas Torah.

Beloved servants

We have discussed some of the laws of the mitzvah of Aliyah Laregel, a topic that we will continue to discuss in a future article, when we will iy”H answer the remaining of our opening questions. Contemplating this special mitzvah of Aliyah Laregel should give every one of us chizuk. Consider that Hashem Yisborach commanded us to come to the Beis Hamikdash “in order to be seen.” The message here is that we are His beloved servants and He desires to see us, as it says in the Gemara (Chagigah 4b), “A servant whom his master desires to see.” Furthermore, the Gemara describes Klal Yisroel as “the servant whom the master desires to eat at his table.”

May we soon merit fulfilling this mitzvah in the third Beis Hamikdash, may it be rebuilt speedily, and that Hashem should look upon us favorably! Wishing all of our readers, together with all of Klal Yisroel, a good Yom Tov!

 

Keeping My Feet Together

Many articles on various Rosh Hashanah topics are available for reading or downloading under the headings “Rosh Hashanah,” “Shofar” or “Tashlich.”

Keeping My Feet Together

Question #1: Proper posture

“The Shemoneh Esrei on Rosh Hashanah is very long. Is it sufficient that I stand with my heels touching, or must my feet be side-by-side touching their entire length?”

Question #2: Standing straight

“Why do we keep our feet together during kedushah but not when responding to kaddish?”

Question #3: Kaddish together

“Is it required to have one’s feet together when reciting kaddish?”

Answer:

Fulfilling the mitzvah of davening requires that we observe many halachic details. The Rambam organizes these laws under two headings: essential and non-essential components. In Chapter 4 of Hilchos Tefillah, he lists five essential components of prayer, meaning the Shemoneh Esrei. These are:

1) Cleansing one’s hands before prayer

2) Having one’s body properly covered

3) Praying must be in a place that is clean and without inappropriate odor

4) Not davening when one senses bodily needs

5) Having basic, proper intent and focus

The Rambam calls these five requirements “essential,” which means that a prayer missing any of these qualities does not fulfill the mitzvah and one is required to recite it again. Someone who cannot meet these requirements is exempt from praying until he can meet them. Therefore, it is preferred that someone unable to fulfill the basics of these requirements miss the prayer rather than recite a tefillah that violates these laws. Many of these topics are available for reading or downloading on RabbiKaganoff.com

Non-essentials

In Chapter 5 of Hilchos Tefillah, the Rambam lists eight non-essential components of prayer, meaning that these are important aspects, but one fulfills the mitzvah to pray even if they are entirely missing. These eight aspects are:

  1. Standing during prayer
  2. Facing the Beis Hamikdash
  3. Correct positioning
  4. Appropriate attire
  5. Proper location
  6. Volume
  7. Bowing
  8. Prostrating

The Rambam notes that these requirements are not essential, and that, therefore, someone who failed or was unable to do them has fulfilled the mitzvah to daven. Furthermore, one who is unable to fulfill any of these aspects should daven anyway. Therefore, although davening while properly attired is very important, one who will be unable to dress appropriately should daven and observes this law only to the extent that he can under the circumstances.

Correct positioning

One article cannot cover all the laws of these rules, so here we will discuss one aspect of the requirement to position one’s body in a certain way. The Rambam (Hilchos Tefillah 5:4) states the following aspects of positioning one’s body:

When standing to daven shemoneh esrei, one’s feet should be together and alongside one another.

One’s eyes should be facing downward, yet his heart should be directed upward, as if he is standing in heaven.

One’s hands should be resting on one’s heart, with the right hand atop the left, standing in fear and awe like a servant before his master.

One should not place his hands on his hips.

As I mentioned above, although these factors are important components of proper prayer, they are not essential, and one who neglected to do them has fulfilled the requirement to pray (see Mishnah Berurah 95:1; Kaf Hachayim 95:2). Therefore, someone who cannot put his feet together should daven without his feet together, rather than not daven at all (Kaf Hachayim 95:3).

Feet together

The Rambam states: “When standing to daven shemoneh esrei, one’s feet should be together and alongside one another.” The basis for this ruling is the Gemara (Brachos 10b) which mentions this requirement based on the following. In Yechezkel’s opening prophecy, he shares with us a vision of the heavenly courts, describing the feet of the angels as veragleihem regel yesharah, literally, “their feet were a straight foot” (Yechezkel 1:7). According to Targum and one interpretation of Rashi, the verse means that the angels stood in a way that their feet lay one alongside the other. The Gemara explains that when we daven we should also have our feet aligned, which Rashi explains to mean that one foot should be alongside the other so that they appear as one “foot.”

This passage of Gemara leaves one puzzled. Indeed, Yechezkel reports to us that the angels stood with their feet together. But why is a person who is praying required to emulate the position of the angels? Are we also required to pray while flying, as the angels sometimes do?

A simple approach

On a simple level, one could explain that standing with one’s feet together makes one feel somewhat vulnerable and therefore humble, and that this position allows one to fulfill davening with trepidation and humility (Levush, Orach Chayim 95:1). However, although this approach seems to supply a good reason for us to have our feet together when we pray, it does not seem to explain what the Gemara was saying since this has nothing to do with the fact that the angels stand this way.

The latter question is discussed by an early commentator, the Rashba (in his commentary to the Gemara Brachos), who writes the following:

“I was asked by someone who is an enemy of our people [probably someone trying to proselytize among the Jewish people]: Why do we keep our feet together when we pray, and what proof is being brought from the holy bearers of the divine chariot to someone praying?

“I responded as follows: ‘There are two major reasons for this. The first reason is that man’s body was created with limbs — his hands and legs — whose purpose is to enable him to reach and acquire what he wants and to distance himself from harm. The hands bring him items of pleasure, push away from him harmful items, and are what he uses against his enemy in warfare. His feet move him great distances in a very short time, and enable him to escape from harm.

“It is essential to prayer that a person realize that none of these abilities are man’s own activities and they will not save him without G-d’s help. Everything is dependent on G-d’s will. In order to entrench this idea in one’s soul, one must place one’s feet together when praying, to symbolize that his feet are completely bound and paralyzed. They are without any ability to flee from danger. This forces man to realize that all his abilities of locomotion are only because G-d helps him.” This reason is quoted by the Beis Yosef, Orach Chayim 95 in the name of a much later authority, the Mahari Abohav.

The Rashba continues: “The same is true with one’s hands. The Gemara teaches that in times of difficulty, Rava would fold his arms when he prayed… This position demonstrates that it is as if one’s arms are bound and one is without help except for Hashem.”

The Rashba then adds: “There is another reason why we assume the position of the angels when we pray: The human species, whose purpose is to recognize the Creator and to praise He who created man from nothing, has a specific responsibility to serve G-d and to keep His commandments. Man is an angel, an emissary, placed on earth, just as the celestial angels serve and recognize their Creator. Mankind can therefore be called malach” (as he is in Malachi 2:7), which means G-d’s messenger. Thus, the Rashba explains that placing one’s feet together, whether performed by man or by angels, demonstrates a lack of ability, thereby recognizing that all our strength at all times comes from Hashem. We are also showing that we are, indeed, comparable to angels, since we are fulfilling G-d’s mission on Earth. To quote the Zohar (parshas Pinchas #229), “The Holy One, blessed is He, said: Those who pray with their feet together like the angels, I will open the gates of the Sanctuary for them to enter.”

There is yet another reason why we pray with our feet touching, side-by-side, which is that when we are talking to Hashem, it is essential that we be fully and exclusively focused. This places us on the levels of the angels who are always focused exclusively on their Divine mission.

Is regel a foot?

After explaining why we pray in a position similar to that of the angels, the Rashba adds: “You should realize that the word regel has a double meaning, for it means not only the foot but it also means cause (as in Bereishis 33:14 and 30:30). According to this interpretation, the verse in Yechezkel 1:7, veragleihem regel yesharah, should be translated as their cause is a straight cause, meaning that the angels consistently follow the path of truth.

“In this manner, someone standing and praying before Hashem must abandon thoughts of himself, and focus completely on the prayer he is reciting. Concentrating all his energies on this goal develops him such that everything he does, all the time, should be only for the purpose of strengthening his body in order to serve Hashem. Placing his legs together demonstrates having a straightforward cause directed toward the purpose for which he was created — to serve G-d. For this reason, man can be compared to the chariot that bears Hashem’s presence into the world.”

Should the front of the toes be separated?

Having established the basis for the practice that one’s feet should be together when reciting shemoneh esrei, we find a discussion in the rishonim whether the feet should be slightly separated in front. Rabbeinu Yonah quotes some who hold that the tips of both feet should not touch, so that it appears like a calf’s foot with its split hooves. Rabbeinu Yonah disputes this, saying that the requirement is only that the feet be together like one foot — there is no mention of making one’s feet look like a split hoof.

Nevertheless, we still find a dispute among early acharonim whether one should lechatchilah stand with a slight split at the front of one’s toes or not. The Olas Tamid writes that this is preferred. However, the Yeshuos Yaakov disagrees, contending that one should not have one’s feet slightly separate. He notes that the angels cover their feet that look like those of a calf so as not to be reminiscent of the eigel hazahav, the Golden Calf. Therefore, we should deliberately not have our feet look like this, reasons the Yeshuos Yaakov.

The Yerushalmi

Having quoted the passage of the Talmud Bavli that explains how we should stand when we pray, we should be aware that there is also a passage of Talmud Yerushalmi (Brachos 1:1) regarding this issue. There, the Yerushalmi quotes a dispute between Rabbi Levi and Rabbi Simon, one of whom held the same opinion as the Bavli that one should daven with one’s feet pressed together and the other holding that, when davening, one should assume the position that the kohanim did when walking in the Beis Hamikdash. There, the kohanim took very small steps such that the big toe of one foot was next to the heel of the other when they walked.

Since in a dispute between the Talmud Bavli and the Talmud Yerushalmi we rule according to the Bavli, it would appear that the dispute recorded by the Yerushalmi is halachically irrelevant. The commentaries are thus surprised to note that the Tur quotes the Yerushalmi, leading the Beis Yosef and the other commentaries to question why the Tur does so. Many answers are proposed to explain the Tur’s position. I will quote here two of them, whose answers yield halachic ramifications.

The Bach explains as follows: In his opinion, halachah requires that one daven with one’s feet in one of the two positions advocated by the Yerushalmi. The Bach contends that if one’s feet are in neither of these positions one has not fulfilled the requirements of prayer. The Tur agrees that it is preferable to place one’s feet alongside one another, since we rule as the Bavli does. However, he quotes the Yerushalmi because someone who failed to position his feet in either of these positions is required to daven again. Furthermore, someone who cannot align his feet alongside one another should position them so that the toe of one foot is alongside the heel of the other. Thus, although we follow the ruling of the Bavli that one should daven with the two feet alongside one another, it is also important to know the conclusion of the Yerushalmi, which is why the Tur included this information.

Several authorities note that, according to this approach, the Tur’s interpretation of the topic has him in dispute with the Rambam’s ruling, quoted above, that positioning is never essential to prayer, and that one fulfills the mitzvah of davening with one’s feet in any position. Since they see no evidence that such a dispute exists, they are reticent to create one on this basis and instead suggest other approaches to resolve why the Tur quoted the Yerushalmi. Notwithstanding this conclusion, some authorities opine that someone who davened with his feet apart should daven a voluntary prayer (called a tefilas nedavah), to make certain that he fulfilled the mitzvah (Olas Tamid). Later authorities reject this approach and rule that one should assume that he fulfilled the mitzvah (Kaf Hachayim).

Another approach

The Aruch Hashulchan suggests a different explanation why the Tur presented the Yerushalmi’s discussion. He explains that the Tur wants us to realize that someone who is unable to have his feet together for whatever reason, but who can assume the alternative position of having his toe touching his heel, should daven in the latter position. According to this approach, everyone accepts that these rules are all only lechatchilah and that one who davened with his feet in a completely different position has fulfilled the mitzvah, bedi’evid, after the fact.

Sitting with your feet together?

Is someone who must pray from a sitting position, either because of health reasons or because of travel, required to daven with his feet together? The Pri Megadim rules that he should still keep his feet together while davening. He further explains that someone who must daven while sitting should not lean backwards or to the sides while praying, and should also be careful not to stretch or cross his legs while davening, because these positions all convey an air of conceit.

All or nothing?

At this point, let us refer to the first question with which I opened our article: “The Shemoneh Esrei on Rosh Hashanah is very long. Is it sufficient that I stand with my heels touching, or must my feet be side-by-side touching their entire length?”

From what we have seen, it is clear that the proper position for davening is to have one’s feet side-by-side and touching their entire length.

Kedushah

At this point, let us address the remaining of our opening questions:

“Why do we stand with our feet together during kedushah but not when responding to kaddish?”

“Is it required to have one’s feet together when reciting kaddish?”

By way of introduction, let me quote a discussion from a late rishon, the Terumas Hadeshen (#28). He quotes the following question:

“Should an individual align his feet when he responds to the chazzan’s kedushah?”

To which he answers, “It appears to me that he should, since the prayer states, We shall sanctify his name just as they sanctify His Name in the highest heavens, and in the heavens they recite the kedushah with a ‘straight foot,’ as the verse reads ‘their feet were a straight foot.’ We should attempt to act like the angels to the best of our ability; there is neither conceit nor foolishness in our doing so. Indeed, this is the proper way to act.” This answer of the Terumas Hadeshen is quoted subsequently by all the authorities, and is codified in the Shulchan Aruch (Orach Chayim 95:4).

Borchu

Although none of the reasons mentioned above applies to reciting Borchu, that is, we are not trying to compare ourselves to angels, nor is it the ultimate prayer; nevertheless, the custom is that Borchu is recited with one’s feet together. This custom is recorded by some late authorities (Aruch Hashulchan). Therefore, one should align one’s feet when reciting Borchu. However, since there is no halachic source that requires reciting Borchu with one’s feet together, one should not admonish someone who recites Borchu with his feet apart.

Kaddish

I have found no early source that requires one to have one’s feet together while reciting kaddish. Although it is standard practice that people recite kaddish with their feet together, since there does not appear to be an early halachic source for this practice, one should not admonish someone who fails to do so.

Conclusion

Understanding how much Chazal were concerned about the relatively minor aspects of davening, such as how we position our feet, should make us more aware of the fact that davening is our attempt at building a relationship with Hashem. As the Kuzari notes, every day should have three very high points — the three times that we daven, and from these three prayers we gain our strength and inspiration for the rest of the day.