Writing a Sefer Torah

Question #1: Why not?

“Why doesn’t everyone write his own Sefer Torah?”

Question #2: Partners in Torah

“May two people partner together to fulfill the mitzvah of writing a Sefer Torah?”

Question #3: Traditional Chapters

“Why did some gedolei Yisroel not use perakim and pesukim numbers to identify pesukim, whereas others did?”

Introduction:

The last mitzvah mentioned in the Torah, which we are taught in parshas Vayeileich, is that each individual is required to write a Sefer Torah. The words of the Torah from which we derive this mitzvah are, Ve’atah kisvu lachem es hashirah hazos velamdah es Bnei Yisroel simah befihem lema’an tihyeh li hashirah hazos le’eid bivnei Yisroel, “And now, write for yourselves this song, and teach it to the Children of Israel, place it in their mouths, so that this song shall be a testimony among the Children of Israel” (Devorim 31:19). We should note that two of the targumim, the early Aramaic translations of the Torah, authored by Onkelus and by Yonasan ben Uziel, both translate the word shirah not as “song,” but as “praise.” On the other hand, both Rashi and the Rambam (Hilchos Sefer Torah 7:1) explain the posuk a bit differently from the Targum, translating shirah as “song” and understanding it to refer to the song of parshas Ha’azinu. The Rambam explains the posuk to mean that one should “write the Torah, which contains the song of Ha’azinu.”

The Baal Haturim on the posuk notes two gematriyos, one that the words velamdah es Bnei Yisroel equal zeh Torah shebiksav,“this is the Written Torah,” and the words simah befihem equal zeh Talmud, “this is the Oral Torah.”

Nothing missing

Fulfilling the mitzvah of writing a Sefer Torah requires that one write an entire Sefer Torah — even if one letter is missing, one has not fulfilled the mitzvah (Rambam). A Sefer Torah must be written in black ink on parchment. Parchment is made from animal hide, and the mitzvos of Sifrei Torah, tefillin and mezuzos require that the parchment is produced from the hide of a kosher species. There is no halachic requirement to make it from an animal that was slaughtered in accordance with Jewish law, and, as a matter of fact, the hide is usually not from animals that were slaughtered according to halacha.

Lishmah

The tanning of the hide into parchment must be done lishmah, for the purpose of using it for a Sefer Torah. At the first step of the tanning, the Jew who processes the hide into parchment should state that he is processing it lishmah. Whether or not a non-Jew can perform some of the tanning under a Jew’s supervision, or whether doing this undermines the requirement that the processing must be lishmah, is a lengthy discussion among early halachic authorities (Rosh, Hilchos Sefer Torah #3).

The writing of the Sefer Torah must also be performed lishmah. Before he begins writing, the sofer should state aloud, “I am writing this Sefer Torah for the sanctity of Moshe Rabbeinu’s Torah” (Rosh, Hilchos Sefer Torah #4). There is an additional requirement that, when writing the names of Hashem, the scribe write them for the sake of creating holy names.

Dipping the quill

There is an interesting halacha that, when writing the name of Hashem, the sofer should not dip his quill into the ink immediately before writing His name. The reason is that the first letter written after a quill is dipped into ink often smears, and one does not want this to occur while one is writing Hashem‘s name.

Scoring

Prior to writing the words of the Torah on the specially-made parchment, one must score the parchment in a way that leaves no written marks. This process, called sirtut, is accomplished by running an awl or other sharp instrument across the parchmentto mark the lines on which one plans to write (Rambam, Rosh, Tur; cf. Rabbeinu Tam, who disagrees). This law is a halacha leMoshe miSinai, meaning that it is a mesorah, a tradition, that we were taught by Moshe Rabbeinu, who learned it directly from Hashem when he learned the Torah on Har Sinai.

Punctuating Torah

We have a mesorah how the words of the Torah are vowelized and punctuated; the markings indicating this appear in every standard chumash. However, in a Sefer Torah itself, halacha dictates that no periods, other punctuation marks, reading aids or music notes appear.

Chapters

Similarly, the division of the Torah into chapters, perakim, is originally from non-Jewish sources and is never used in handwritten Sifrei Torah. Indeed, this is true not only of the Torah, but also in most of the rest of Tanach. The chapter divisions that are commonly used for most of Tanach do not originate in Jewish sources. The two books that are exceptions, where the chapters are according to Jewish sources, are Tehillim and Eicha. In all other kisvei hakodesh, the division into pesukim is part of our tradition, but not the division into chapters. Consequently, the numbering of the pesukim, which is based on the non-Jewish chapter division, is also not our tradition.

At this point, we can address one of our opening questions: “Why did some gedolei Yisroel not use perakim and pesukim numbers to identify pesukim, whereas others did?”

Many of our gedolim, for example, the Chofetz Chayim and the Ohr Somayach, refrained from referring to pesukim according to chapter and posuk. Instead, they would refer to them by the parsha of the week and its location within the parsha. Clearly, they did not want to use a system that was non-Jewish in origin. Those who do use the chapter and posuk system felt, presumably, that since there is no prohibition to use this system, which makes it much easier for the student to locate the posuk being quoted or studied, one may use it to facilitate the student’s learning.

Pesuchos and sesumos

The Torah itself is divided into sections using a different system, which are called pesuchos and sesumos. These are indicated by the letter “pei” or “samach” in our standard chumashim.

There is a dispute among rishonim exactly how one is to make the pesuchos and sesumos. Both approaches agree that when the pesucha is in the middle or beginning of a line, it is indicated by leaving the rest of the line blank, and then continuing the next passage on the next line. When a sesumah is in the middle or beginning of a line, it is indicated by leaving blank an area at least nine spaces long and then continuing the next passage on the same line. However, when a pesucha or sesumah is at the end or towards the end of a line, the poskim dispute how it must be written. In order to avoid writing a Sefer Torah that is kosher only according to some authorities, accepted practice is to avoid having a pesucha or sesumah at the end or towards the end of a line. We will see shortly how we make sure that this happens.

Write the letters carefully

The sofer must be careful to write the letters clearly and to follow the halachic rules governing how the letters are to be written. He must also make sure that each letter is completely surrounded by parchment. This last requirement, called mukaf gevil, means that each letter must be written in a way that it does not connect to another letter, nor may it run to the top or bottom of the piece of parchment on which it is written.

One of the rules for writing a Sefer Torah is that the scribe must have another Sefer Torah or a tikun in front of him that has all the words of the Torah correctly spelled. In practice, sofrim use a tikun not only to help them spell the words correctly, but to mimic their exact placement on the line and column. Among other reasons, this is to avoid having the sesumos and pesuchos occur towards or at the ends of lines, which creates a halachic problem, as mentioned above.

Size of letters

A Sefer Torah may be written with very small letters or with very large ones, but the relative size of the letters within the same Sefer Torah must be consistent, except for those few letters that have a tradition to be written larger or smaller.

The scribe who writes a Sefer Torah must be a yarei shamayim and knowledgeable in all the laws of writing a Sefer Torah. There are many more details of these laws, far more than we can discuss in this article. Suffice it to say that numerous works are devoted entirely to the topic of the correct writing of letters in a Sefer Torah.

Someone who does not believe in the G-d-given nature of the Torah at Har Sinai is ineligible to be a scribe for Sifrei Torah, tefillin and mezuzos. Such a person may write a kesubah, which is halachically a contract and not holy writing.

How does it dry?

After writing a section of parchment that needs to dry, it is prohibited to suspend it upside down to prevent dust from settling on it. Notwithstanding that this is a simple method for making sure that the parchment remains clean while drying, it is a disrespectful way to treat the words of Hashem (Tur, Yoreh Deah Chapter 277).

Stitching

The pieces of parchment are stitched together with a specially-made thread processed from sinews of kosher animals. (As before, the animals must be of kosher species, but there is no requirement that they be kosher-slaughtered.) It should not be stitched all the way to the top or all the way to the bottom (Tur, Yoreh Deah Chapter 278).

Requirement

Until now, we have been discussing the halachos germane to writing a Sefer Torah, all of which are essential to fulfill this mitzvah. At this point, we will discuss some of the other laws germane to fulfilling the mitzvah.

The Gemara writes that a person who purchased a Sefer Torah that was not kosher, even if only because of one letter, and then repaired the error, it is considered as if he wrote an entire Sefer Torah (Menachos 30a). This is because one is not permitted to own an incorrect Sefer Torah.

Why would someone get credit for writing the entire Sefer Torah when all he did was write one letter? The answer is that a Sefer Torah containing mistakes must be repaired or checked within 30 days. Otherwise, one should place it in genizah. Thus, the individual who corrected the one letter took an incomplete Sefer Torah that would have required genizah and made it into a source that can be used for study and reading the Torah.

Selling a Sefer Torah

The Gemara teaches that one may not sell a Sefer Torah, even if he does not have food to put on his table (Megillah 27a). There are two situations in which one is permitted to sell a sefer Torah: (1) one needs funds to study Torah, or (2) one needs funds to get married (ad locum). The Rema (Yoreh Deah 270:1) adds a third case, permitting the sale of a Sefer Torah in order to have funds with which to fulfill the mitzvah of pidyon shevuyim, redeeming captives.

One may not sell a Sefer Torah, even if he owns several already, and even if he wants to sell an older one in order to have the funds with which to purchase a newer one (Tur, Yoreh Deah, Chapter 270).

Purchasing a Sefer Torah

Does one fulfill the mitzvah if one purchases a Sefer Torah? Based on his understanding of the Gemara (Menachos 30a), the Rema rules that one fulfills the mitzvah only if the Sefer Torah had mistakes and he purchased it and hired a sofer to repair it (or repaired it himself); but, if the Sefer Torah was in good order, he has not fulfilled the mitzvah of writing a Sefer Torah by purchasing it.

Indeed, there is a dispute among the rishonim concerning this halacha: Rashi (Menachos 30a) and the Sefer Hachinuch explain that one fulfills the mitzvah in a non-optimal way by purchasing a Sefer Torah, whereas the Rambam, Smag, Shulchan Aruch and Rema all rule that one is not yotzei by purchase, because the Torah states that the mitzvah is to “write.”

The Minchas Chinuch notes that if he hired a sofer to write a Sefer Torah and then failed to pay him, not only has he violated the Torah prohibition of failing to pay a hiree, he has also not fulfilled the mitzvah of writing a Sefer Torah.

Gave it away

According to the Toras Chayim (Sanhedrin 21, quoted by Pischei Teshuvah, Yoreh Deah 270:3 and by Minchas Chinuch), someone who sold, lost or donated his Sefer Torah no longer fulfills the mitzvah and he must write another one. The Sefer Hachinuch implies that he agrees with this approach, since he writes that the mitzvah is that each individual should own a Sefer Torah. However, there are prominent authorities who dispute this conclusion, ruling that once he fulfilled the mitzvah by writing a Sefer Torah, selling it or giving it away does not invalidate his fulfilling of the mitzvah (see Pischei Teshuvah).

Partners in Torah

At this point, let us examine another of our opening questions: “May two people partner together to fulfill the mitzvah of writing a Sefer Torah?”

The Pischei Teshuvah, an anthologized commentary on the Shulchan Aruch, quotes a few poskim who discuss this question. Most are inclined to rule that one has not fulfilled the mitzvah of writing a Sefer Torah this way.

The Sefer Hachinuch defines the mitzvah as being that each person must own a Sefer Torah, which sounds as if he also holds that one does not fulfill the mitzvah by partnering with someone else to hire a sofer to write it.

The Sefer Hachinuch also writes that the optimal hiddur is to write the Torah himself, with his own hand. If someone is unable to write it himself, he should hire someone to write it for him.

Purchasing seforim

Does one fulfill the mitzvah of writing a Sefer Torah by purchasing seforim used to study Torah? The Rosh writes: Today, when people write a Sefer Torah and it is then left in shul to be used for the mitzvah of kerias haTorah, it is a positive mitzvah on every Jewish male who can afford it to write Chumashim, Mishnayos, Gemaras and their commentaries, in order that he and his children be able to study them. This is because the mitzvah of the Torah specifies “in order to learn from them,” and with the Gemara and commentaries one understands the mitzvos and their details well (Hilchos Sefer Torah #1).

The Beis Yosef (Yoreh Deah 270) explains that the Rosh was not coming to rule that there is no longer a mitzvah to write a Sefer Torah, but that there is also a mitzvah to write other seforim, and that this acquisition is a bigger mitzvah than writing a Sefer Torah. In the Shulchan Aruch, he reflected this opinion. However, there are prominent acharonim who disagree with the Shulchan Aruch and understand that the Rosh’s conclusion is that there is no mitzvah today to write a Sefer Torah (Perisha; Shach). This understanding of the Rosh explains that the mitzvah of the Torah is to produce materials used to study Torah. Since a Sefer Torah is not used today for this purpose, writing one does not fulfill the 613th mitzvah of the Torah.

According to this approach, there is an easy answer to our opening question: “Why doesn’t everyone write his own Sefer Torah?”

There are other reasons to explain why people do not write their own Sefer Torah. Another approach is that one is not required to spend more than a fifth of what he owns to fulfill a mitzvah (Minchas Chinuch). Thus, many poor and middle-class people are exempt from the mitzvah. (See the Sha’agas Aryeh, Shu”t Chasam Sofer, Yoreh Deah #52 and #54 and the Minchas Chinuch for yet other reasons to exempt people today from the mitzvah of writing a Sefer Torah.)

Conclusion

The goal of the Torah’s mitzvah to write a Sefer Torah is so that, wherever Jews live, there should be readily available seforim to study Torah. However, if this was the Torah’s only concern, it would have required each individual to purchase seforim according to his ability. Instead, the Torah required each individual to write a Sefer Torah, thus implying two additional ideas. (1) The Torah wanted each individual to be involved in the providing of Torah learning material, regardless of his personal financial situation. (2) The Torah wanted each individual to be involved, himself, in the writing of Torah materials and their procurement, and not to deputize this mitzvah to others, even when they are more skillful.

The Torah is referred to as a Tree of Life.  B’nei Yisroel are depicted as an agricultural people.  As the Torah is, indeed, a source — the Source — of life, it is certainly appropriate that we care for its proper “planting” and flourishing, as outlined in halacha.

Maaser Sheini

Photo by david Kadosh from FreeImages

Question #1: Where?

Many mitzvos can be performed only between the “walls” of Yerushalayim. Do these laws apply to everywhere within the walls of today’s “Old City”?

Question #2: What?

“What may I not remove from Yerushalayim?”

Question #3: When?

“When am I permitted to eat maaser sheini?”

Introduction:

This week’s parsha includes the mitzvah of maaser sheini. Although people currently living in chutz la’aretz often feel that they do not need to know the laws applicable to the agricultural mitzvos of the Torah, everyone must know the basic laws of this mitzvah for many reasons, including:

1. When in Eretz Yisroel, to which we all aspire, we need to be sure that all terumos and maasros are properly separated. Someone living outside of Eretz Yisroel also needs to know the details of the laws on produce that grows in Eretz Yisroel.

2. We daven three times daily for Moshiach to come so that we can live in Eretz Yisroel and observe the mitzvos that apply there. Although most of the laws of maaser sheini do not apply today even in Eretz Yisroel, they will all apply again, iy’H, when the Beis Hamikdash is rebuilt and we can achieve a state of taharah by virtue of the ashes of the parah adumah.

3. Fruits of chutz la’aretz may have the status of neta reva’ie, which shares the laws of maaser sheini.

The basics

Produce grown in Eretz Yisroel and the lands nearby must have several small portions separated from it before it may be consumed. These are:

Terumah

First, a small amount is separated as terumah, which is property of the kohen. When we are all tahor, the owner gives the terumah to a kohen of his choice. Terumah may be eaten by any close member of the kohen’s family – including his wife, sons, and unmarried daughters — as long as they are completely tahor.

Since no kohen is tahor today, terumah may not be eaten. If the terumah is itself tamei, it is destroyed, preferably by burning it. If the terumah is tahor, we are not permitted to eat it, nor to destroy it. What does one do with it?

We put it in a place where no one will mistakenly eat it, and leave it there until it decomposes to the point that people will not eat it. At that point, it is disposed of. We will soon explain why decomposition permits one to destroy terumah.

Maaser rishon

After terumah has been separated, a tenth of the remaining produce is separated as maaser rishon, which is the property of the Levi. The Levi is required to separate one tenth of what he receives, which is called terumas maaser and has all the laws of terumah as explained above. The remaining maaser rishon has no sanctity, and therefore may be eaten by anyone, even when tamei. Therefore, maaser rishon can be eaten today, even though we are all tamei, and the Levi can sell it or give it away to whomever he chooses. Furthermore, none of the restrictions we will discuss shortly regarding redemption or use applies to maaser rishon.

Maaser sheini/maaser ani

After maaser rishon is separated, there is an obligation to set aside a tenth of what is left. Depending which year it is relative to the shemittah cycle, either maaser sheini or maaser ani is separated.

These two types of maaser are halachically very different. Maaser ani is the property of the poor and has no sanctity, similar to maaser rishon. The owner of the field decides to which poor person or persons he gives the maaser ani. There is detailed halacha defining who qualifies as “poor” for the purposes of this mitzvah, but since the theme of this article is maaser sheini and not maaser ani, we will leave this question for a different time.

When is one required to separate maaser sheini, and when is one required to separate maaser ani? The halacha is that Eretz Yisroel follows a seven year shemittah cycle. In the first, second, fourth and fifth years, the second tithe is maaser sheini, and in the third and sixth years it is maaser ani. Since shemittah produce is ownerless, there are usually no terumah and maasros separations that year. In the unusual instances where there is, which is a topic for a different time, there is extensive halachic discussion whether the second tithe is maaser sheini or maaser ani.

Maaser sheini, the topic of our article, must be eaten in Yerushalayim by people who are tahor. Any tahor Jew is permitted to eat it, but it must be eaten within the walls of the ancient city of Yerushalayim. We will soon discuss what that means and we will also see that there are many other laws that apply to it. We will also discuss what can be done if it is impractical to transport all of one’s maaser sheini to Yerushalayim.

Which maaser?

We should note that the term maaser, without specifying which one, is used sometimes to refer to maaser rishon and sometimes to refer to maaser sheini, notwithstanding that their laws are very different from one another. Usually, one can understand from context which maaser is intended. If the context alludes to maaser owned by a Levi, or to the first maaser being separated, maaser rishon is intended. If it refers to something that has sanctity, usually maaser sheini is intended. Since the rest of this article will be discussing the specific and unusual sanctity of maaser sheini, I will henceforth use the term maaser to mean only maaser sheini.

The parsha

At this point, let us examine the appropriate pesukim in this week’s parsha: “And you shall eat the maaser of your grain, your wine, and your olive oil… before Hashem your G-d, in the place that He will choose to rest His Name — so that you will thereby learn to be in awe of Hashem at all times. However, when you are blessed by Hashem, your G-d, such that you are unable to carry [the maaser sheini] to a place as distant as the one that Hashem chooses, then you may exchange it for money that you bring with you on your visit to that place that Hashem has chosen. Once you are there, you shall exchange the money for cattle, sheep, wine or anything else you desire, which you shall eat there, before Hashem, your G-d. In this way, you and your family will celebrate” (Devarim 14:23-26).

Obviously, the place that He will choose to rest His Name refers to the city of Yerushalayim. Thus, we are told the following halachos: Maaser should be brought with you when you travel to Yerushalayim. However, if you have more produce than you can easily carry to Yerushalayim, you may redeem the maaser produce, a process that removes the sanctity and special laws from the maaser produce and places it on coins. The Torah shebe’al peh teaches that this redemption can be performed only onto minted coins. When the owner is redeeming his own maaser produce, he must redeem it for coinage that is worth 25% more than its value. Then he brings this money to Yerushalayim, where it is used to purchase food to be eaten within the confines of the city. This acquisition transfers the maaser sheini sanctity from the money to the food, which means that this newly acquired food can be eaten only within the walls of Yerushalayim and must be eaten while tahor.

Vacation fund

Whether one transports one’s maaser sheini produce itself to Yerushalayim, or purchases food with the money to which the sanctity has been transferred, the farmer remains with a lot of maaser sheini that may be consumed only in Yerushalayim, a city bursting with sanctity and special, holy people. The beauty of this mitzvah is that it entices the farmer to ascend to the Holy City and be part of the spiritual growth attainable only there.

One can even look at the maaser sheini as “vacation fund” money that the Torah provides. Although the farmer may not be wealthy, when he arrives in Yerushalayim, he can eat and drink like a king!

Sanctity and purity

As mentioned above, the original maaser sheini that was separated and brought to Yerushalayim, and the food purchased in Yerushalayim with the redemption money are holy and may be eaten only within the walls of the old Yerushalayim and only when both the food and the individual eating it are tahor, ritually pure.

In addition, there is another halacha pertaining to Yerushalayim. Once maaser produce has been brought within the Holy City’s walls, it may not be removed or redeemed.

O’ my Jerusalem!

By the way, the current “Old City” walls of Yerushalayim, constructed by the Ottoman Turks almost 1500 years after the churban, are not the borders that define the halachic sanctity of the city. The Turkish walls encompass areas that were not part of the city at the times of Tanach and Chazal, and therefore do not have the sanctity of Yerushalayim; and, without question, parts endowed with the sanctity of the Holy City are outside these walls. Thus, it will be necessary when Moshiach comes to determine exactly where are the borders of the halachic “old city of Yerushalayim.”

What food?

What food may one purchase with maaser sheini money? There are many laws regarding what one may purchase. The Torah specifies that, once in Yerushalayim, one may exchange maaser sheini money for cattle, sheep, wine or anything else you desire, which seems both wordy and unusual. The Torah sheba’al peh explains this to mean that one may not purchase any food with maaser sheini money, but only those that grow either from the ground or meat and poultry, that grow “on the ground.” Therefore, one may use maaser sheini money to purchase fruit, vegetables, breads, pastry, meat or poultry; but not fish, which do not grow on the ground; not salt or water, which do not grow; nor mushrooms, which are fungi and are therefore not considered as growing from or on the ground.

The pasuk’s reference to purchasing cattle or sheep teaches a new law. It is considered exemplary to purchase animals that will then be offered in the Beis Hamikdash as korbanos shelamim. The owner takes home most of the meat of these korbanos to eat with whomever he chooses to invite. Of course, this must be eaten following all the laws of korbanos shelamim, which includes that everyone eating it must be tahor and that the meat is eaten only within the walls of the city, as explained above. Among many other laws, the meat may be eaten only until nightfall of the day following the offering of the korban. Whatever is not eaten by that time must be burned.

There is an interesting halacha germane to those who purchase animals for korbanos shelamim with maaser funds. One may use maaser funds to purchase an animal as a korban, even though it is not completely eaten. Parts of the animal are burned on the mizbei’ach, and the hide and bones are not consumed by anyone. Notwithstanding the strict rules governing the consumption of maaser, the hide, which was purchased as part of the animal with maaser funds, has no sanctity and belongs to the owner!

Sanctity of maaser sheini

Although any tahor Jew is permitted to consume maaser, there are many detailed rules governing how one must consume maaser. For example, one may not cook foods that are usually eaten raw, nor may one eat raw produce that is usually cooked. Therefore, one may not eat raw maaser sheini potatoes, nor may one cook maaser sheini cucumbers or oranges.

Similarly, juicing vegetables and most kinds of fruit is considered “ruining” maaser sheini produce and it is therefore prohibited, although one may press grapes, olives and lemons, since the juice and oil of these fruits are considered more valuable than the fruit itself.

How do we determine whether processing a food “ruins” it or not? Some poskim contend that one may not process maaser in such a way that its brocha is changed (Shu”t Mishpat Cohen #85, based on Brachos 38a and Rambam, Hilchos Shevi’is 5:3). Others contend that it is permitted when this is the most common use of this fruit (Minchas Shelomoh, Shvi’is pg. 185). A practical difference in halacha between these two positions is whether one is permitted to squeeze oranges and grapefruits.

One must certainly be careful not to actively destroy maaser sheini. Therefore, one may not destroy it when it could still be eaten. Similarly, peels that are commonly eaten, such as those of cucumber or apple, still have kedusha and may not simply be disposed of. One is required to place them in a plastic bag and then place the bag in a small bin or box called a pach maaser, where it remains until the food is inedible. When it decomposes to this extent, one may dispose of it in the regular garbage.

Sanctity until spoilage

This leads us to a question: If indeed one may not throw maaser sheini produce in the garbage because it has sanctity, why may one do so after the produce decomposes? Does decomposition remove kedusha?

Indeed it does. Kedushas maaser sheini means that as long as the food is still edible, one may not make it inedible or use it atypically. This is because maaser sheini food is meant to be eaten. However, once the maaser sheini is inedible, it loses its special status and may be disposed of as trash.

This sounds very strange. Where do we find that something holy loses its special status when it becomes inedible?

Although the concept that decay eliminates sanctity seems unusual, this is only because we are unfamiliar with most of the mitzvos where this principle applies. Other mitzvos where this concept exists are shevi’is, terumah, challah, bikkurim, and reva’ie (Rambam, Hilchos Terumos Chapter 11; Hilchos Maaser Sheini 3:11; Hilchos Shevi’is 5:3). Of these types of produce that are holy, but meant to be eaten, only shevi’is may be eaten by someone tamei. Even though someone tamei may not consume tahor terumah, challah, or maaser sheini, one also may not dispose of them or even burn them. Instead, one must place them in a secure place until they decay and only then dispose of them (Tur, Yoreh Deah 331).  We burn the special challah portion after separating it, only because it has become tamei. If it did not become tamei, one may not destroy the challah portion, but must place it somewhere until it decays on its own.

Contemporary maaser sheini

The fact that one must be tahor to consume maaser sheini changes the way one observes this mitzvah today, since we cannot become tahor. Without the ashes of a parah adumah with which to purify ourselves of certain types of tumah, we cannot eat maaser produce, nor the food purchased with the redeeming coins. Because we cannot eat maaser food, it is pointless to purchase food with these coins; instead, maaser coins remain unused and are eventually destroyed. To avoid excessive loss, one is permitted to redeem large quantities of maaser sheini onto a very small value within a coin, and this is the way we redeem maaser sheini today. Of course, we are missing the main spiritual gain of consuming the foods in Yerushalayim, but this is one of the many reasons for which we mourn the destruction of the Beis Hamikdash and pray many times daily for its restoration.

There is another law that is different because of our unfortunate circumstances. Since the maaser will not be consumed, it is permitted to redeem tamei maaser produce onto coins, even within the boundaries of the Holy City. Otherwise, one is permitted to redeem maaser produce only in a place where it cannot be eaten.

In conclusion, when we buy produce that grew in Israel, either we should check that there is a good hechsher that attended to all the maaser needs or we should make sure to separate all the terumos and maasros ourselves and redeem the maaser sheini.

Neta reva’ie

I mentioned above that all the laws that apply to maaser sheini also apply to reva’ie. Reva’ie is the fruit that grows in the fourth year of a tree’s life. In a different article, I have explained how we calculate the years of a tree’s life. There is also an article titled Could the Fruit of My Tree Be Orlah? where I discussed whether and when the laws of reva’ie apply to trees planted in chutz la’aretz or only to those in Eretz Yisroel.

Conclusion

A prominent talmid of Rav Moshe Feinstein once related to me the following story. A female calf was born that was completely red. Of course, conversations were abuzz: Could this possibly be a hint that Moshiach will be coming soon, and that we would soon have a parah adumah to use in removing our tumah?

Some of the talmidim in Rav Moshe’s yeshivah approached him with this information, expecting to see his reaction to the great news. Much to their astonishment, Rav Moshe did not react at all. Surprised, one of them asked Rav Moshe: “Does not the Rosh Yeshivah think that this might be a sign that Moshiach will be coming soon?” To this, Rav Moshe answered: “A parah adumah is not kosher until it is three years old. I daven that Moshiach should come today, not in three years.”

We should all have Rav Moshe’s desire for Moshiach to be here, today, and, to demonstrate this desire, be as knowledgeable as we can in all the halachos that will then be germane. May we soon see the day when we can bring our maaser sheini and our reva’ie and eat them betaharah within the rebuilt walls of Yerushalayim!

It’s for the Birds

The Mitzvah of Shiluach Hakein

Photo by MojtabaT from FreeImages

Question #1: Required???

“Must I physically send away the mother bird? I am squeamish!”

Question #2: Keep the Babies

“Must I take the young to fulfill the mitzvah?”

Question #3: Educated!

“I am so excited about the opportunity to fulfill this special mitzvah, with all its rewards, but I want to make sure I do it properly. Can you please enlighten me?”

Well known and poorly understood

This week’s parsha includes the laws of a mitzvah, or more accurately, two mitzvos that are both well-known and yet poorly understood. The Torah teaches that when we happen to find a nest of birds, we are to send away the mother and keep the young; that is, either the baby birds or the eggs. An entire chapter of Mishnah and Gemara, the twelfth and last perek of Chullin, is devoted to understanding this mitzvah, which actually involves two mitzvos, a lo saaseh, a prohibition against taking the mother, and a mitzvas aseih, a positive mitzvah to send away the mother. At the same time, the Torah itself teaches of a very specific reward gained by someone who observes this mitzvah. We will therefore begin the study of this fascinating mitzvah in this article.

Let us rephrase briefly the first two of our opening questions:

1. Should I find such a nest, may I simply ignore it and continue on my way, or is doing so ignoring a requirement to fulfill a mitzvah?

2. “Must I take the young to fulfill the mitzvah?” When I send away the mother bird, am I required to keep the young, or, at least, to physically lift up the eggs or baby birds, thereby taking possession of them? Or have I completed the performance of the mitzvah simply by sending away the mother?

Introduction

At this point, we should read the words of the Torah very carefully, because answering some of our questions will depend on properly understanding these words.

Ki yikarei kan tzipor lefanecha baderech, bechol eitz oh al ha’aretz, efrochim oh beitzim, veha’eim rovetzes al ha’efrochim oh al habeitzim, lo sikach ha’eim al habanim. Shalei’ach teshalach es ha’eim, ve’es habanim tikach loch, lemaan yitav loch veha’archata yamim.“If a bird’s nest, containing either chicks or eggs, happens to be before you on the road, whether it (the nest) is in a tree or on the ground, and the mother is nesting upon the chicks or upon the eggs, you shall not take the mother from/with the offspring. (I will explain shortly why I left the translation this way.) You shall certainly send away the mother and take the young for yourself, so that it will be good for you, and you shall lengthen your days” (Devorim 22:6-7).

Off the derech

Several points in these pesukim are uncertain. The Torah states that the nest must be on the derech, which means on the way or road. Why does the Torah need to tell you that it was on the road? Does this mitzvah not apply if the mother bird is off the derech?

The Gemara first suggests that the Torah is teaching that there is no mitzvah of shiluach hakein if the bird built her nest on the water. However, the Gemara demonstrates that this halacha is inaccurate — a waterway is also called a derech, and, should one find a nest on a waterway, the mitzvah of shiluach hakein applies.

So, what case is exempt, because mommy bird is “off the derech”? The Gemara concludes that there is no mitzvah of shiluach hakein should the nest be on your property, since this is not called “on the way,” which implies an ownerless area (Chullin 139b). The Mishnah states that geese or chickens that set up their nests in an orchard are included in the mitzvah of shiluach hakein, whereas there is no requirement to send away the mother goose or hen if she set up her nest in the house. The Mishnah’s term “chickens that set up their nests in an orchard” means that they have run away from the owner’s jurisdiction. However, if the chickens or geese are “rebellious,” occasionally wandering beyond the confines of their usual home, but still returning to the owner’s barn for nesting, they are still considered “owned.” Similarly, the laws of shiluach hakein apply to an ownerless bird that nests on your property (Shulchan Aruch, Yoreh Deah 292:2).

Late poskim explain that you are exempt from performing the mitzvah on birds that could easily become yours, even if at the moment they are not your property. Without delving into the halachic analysis entailed, they conclude that the mitzvah of shiluach hakein does not apply to chickens and similar domesticated species, unless this particular bird refuses to be domesticated (Shu”t Imrei Yosher #158; Minchas Shelomoh 2:97:26).

On the other hand, the mitzvah does apply, in general, to doves and pigeons, which, even when kept in dovecotes, are not as domesticated as chickens. However, one is exempt from performing the mitzvah of shiluach hakein in the case of homing pigeons, which accept human domination. This means that someone can remove chickens or homing pigeons roosting on a nest and bring them to the shocheit.

Mommy or daddy

There are species of birds in which the father roosts on the nest, or the two parents take turns. In this instance, does the mitzvah apply, regardless as to which parent is on the nest, or is the mitzvah gender-specific, applying only if the mother bird is on the nest? This question is debated in the Mishnah and discussed in the Gemara. Normative halacha rules that the mitzvah applies only if mother bird is on the nest. This conclusion is implied by the posuk when it says veha’eim rovetzes, “and the mother is nesting.”

Therefore, in order to fulfill the mitzvah of shiluach hakein, one must first determine that the nesting bird is, indeed, the mother. One does not require a DNA test to verify these facts – usually a bit of observation will show you whether one bird or two are nesting.

This question is germane to pigeons, who present the most common contemporary application of shiluach hakein, since non-domesticated ones often create their nests near or in human habitation. Pigeons, which are loyal to their mates for life, take turns roosting on the nest. Usually, the daddy bird takes day shift and mommy does the night shift. (During their time off, each parent goes out to earn a living. Not many social-life options in a full nest.)

There are several halachic ramifications to this social knowledge of pigeon family structure, of which I will share two. Should someone be interested in harvesting both a pigeon parent and its eggs or young, he can determine which parent is male, and then, at the appropriate time, seize daddy bird and the young at the same time without violating any prohibition of the Torah.

A second ramification applies to someone eager to fulfill the mitzvah of shiluach hakein. Before sending away the nesting bird, one should determine whether, at the moment, mommy or daddy is roosting there. If it is daddy, no mitzvah is fulfilled by sending him away, even if you are a father’s rights activist.

From or with?

Allow me to return to the laws that we derive from understanding the posuk. The Torah writes, lo sikach ha’eim al habanim, which can be translated and explained in more than one way. It could mean that you should not take the mommy from the young, which would mean that the prohibition is taking the mother, even should you leave the offspring, which is the way Rashi explains the verse (as explained by Maharal; note that Mizrachi seems to have understood Rashi differently). On the other hand, the Rambam (Sefer Hamitzvos, Lo Saaseh #306) translates the phrase ha’eim al habanim as with the young, meaning that one violates the lo saaseh prohibition only if one takes both mother and offspring. Should someone take the mother and not the offspring, in the Rambam’s opinion, he violated the mitzvas aseih commanding him to send away the mother, but not the lo saaseh. According to Rashi, this person also violated the lo saaseh. Thus, we see that a halachic difference can hinge on how you translate the preposition al.

Earlier in this article, I translated this passage as “You shall not take the mother from/with the young.” This was in order to avoid biasing someone from translating the posuk in a way that supports either side of the dispute between rishonim.

Required???

Our opening question was: “Must I physically send away the mother bird? I am squeamish!” Or, as I explained it: Should I find such a nest, may I simply ignore it and continue on my way, or would I thereby be ignoring a requirement to fulfill a mitzvah?

To explain this a bit better: The Torah includes mitzvos that I am required to observe, such asputting on tefillin and eating matzoh on Pesach. Shiluach hakein is certainly not such a mitzvah, since it depends upon circumstance and applies only when I find a nest. However, among mitzvos of the Torah that are non-obligatory, there are different levels of requirement. Some mitzvos are simply a matir, they permit me to do something, but I have no obligation to do them, whereas others become obligatory when certain circumstances apply.

Some examples will make our explanation clearer. Here is an example of a mitzvah that is not required: shechitah. I am not required to walk down the street looking for animals to shecht. Even if I am a shocheit and someone asks me to shecht for them, it is not a requirement. The mitzvah is simply: If you want to eat meat, the animal must be shechted in a specific way. If one does not shecht it correctly, one may not eat the meat.

This type of mitzvah is a matir. There is no requirement to observe the mitzvah, but if I want to gain a certain benefit, the Torah provides me with specific instruction how to permit it.

If we understand shiluach hakein to be a matir, then what the Torah instructed is that if I find a nesting bird, I may not take both the young and their mother for my purposes. If I want to take the young, I must first send away the mother. (By the way, it is forbidden to take the mother, even if I do not want to take the young.)

Required

There is another way to understand shiluach hakein, which holds that this mitzvah is not a matir, but a requirement, should I encounter the appropriate situation. I will explain the second approach by comparison to a different mitzvah.

One of the Torah’s mitzvos is to return lost objects. There is no requirement for me to try to find lost objects in order to return them to their owner. However, once I see a lost object, I am required to retrieve the item and return it. If one understands that the mitzvah of shiluach hakein is comparable to hashavas aveidah, then, although I am not required to go looking for nesting birds, should I find one, I am required to send away the mother.

Based on Talmudic sources, early acharonim discuss whether shiluach hakein should be considered a matir or a requirement. If it is a matir, then our squeamish questioner is not required to fulfill the mitzvah. However, if it is a requirement, then it is a mitzvah that must be fulfilled. Halachically, it will be approximately equivalent to living in a house and not putting mezuzos on the doors.

Shalei’ach

The question is how one explains the words of the posuk, which says Shalei’ach teshalach es ha’eim, “You shall certainly send away the mother.” Here are two ways:

There is no requirement to send away the mother, but should I happen upon a nest and want to eat the mother bird, the young, or both, I may not take the mother, but must send her away. The act of sending away the mother permits me to keep the young, should I want to take them. According to this approach, the mitzvah of shiluach hakein is similar to shechitah. There is no requirement to shecht, but should I want to eat meat, this is the way to do so.

On the other hand, perhaps the mitzvah of shiluach hakein is similar to the mitzvah of hashavas aveidah. This would mean that should I find a nest, I am now required to send away the mother.

Among the early acharonim, we find a responsum from the Chavos Ya’ir (#67) discussing this issue. To quote the Chavos Yair: “I was asked: if someone comes across a nest while he is walking through a field, is he required to send away the mother, or may he just continue on his way without doing anything?”

The Chavos Yair analyzes several passages of the Gemara in his attempt to prove which approach is correct. Based on his analysis of several texts of Chazal, he concludes that shiluach hakein is like hashavas aveidah, and, should one find a nest that meets the halachic requirements, there is an obligation to send away the mother, even though one has no interest in the young. This position is also accepted by several other prominent, later poskim (Shu”t Chacham Zvi #83; Rabbi Akiva Eiger to Yoreh Deah 292:1; Aruch Hashulchan, Yoreh De’ah 292:1-2).

On the other hand, there are several prominent poskim who dispute this ruling, concluding that shiluach hakein is a matir, like shechitah (Sefer Hamitzvos Hakatzar [of the Chofetz Chayim] Mitzvos Aseh #74; Chazon Ish (Yoreh De’ah 175:2); Shu”t Avnei  Neizer, Orach Chayim #48; Minchas Shelomoh 2:5:4 [5760 edition].

Keep the babies

Our second question that I quoted above was: “Must I take the young to fulfill the mitzvah?” I explained that the question is: When I send away the mother bird, am I required to keep the young, or, at least, to physically lift up the eggs or baby birds, thereby taking possession of them? Or have I completed the performance of the mitzvah simply by sending away the mother?

This is another halachic question that is dependent on the translation of a word of the posuk: The Torah says “You shall certainly send away the mother and take the young for yourself.” Does the Torah mean that you may take the young for yourself or that you are required to take the young? According to the second approach, the mitzvah is fulfilled only if one picks up the eggs or baby birds. If one does not pick them up, one has not fulfilled the mitzvah. According to the first approach, the mitzvah is fulfilled by sending away the mother. Once one has sent her away and fulfilled the mitzvah, one may pick up the eggs, should one want them, or leave them as is.

Again, the correct interpretation depends on a proper understanding of the posuk.

The Torah states, ve’es habanim tikach loch, “And take the young for yourself.” Is this part of the requirement of the mitzvah? In other words, did the Torah command that we perform two steps, send away the mother and take the young? Or, more simply, the Torah instructed that once you sent away the mother, you are permitted to keep the young for yourself.

This question is discussed by a prominent, early acharon, the Chacham Tzvi (Shu”t Chacham Tzvi #83). To quote him: “That which you asked me: One who sends away both the mother and the offspring, did he fulfill the mitzvah of shiluach hakein? Do we say that the words of the Torah, send away the mother and keep the young, must be fulfilled literally to fulfill the mitzvah, or not? You wrote me that the great scholars of Lublin were uncertain about this.”

The Chacham Tzvi rallies source material from the Gemara that the mitzvah is to send away the mother, and one fulfills the mitzvah, even if one does not take the young. Therefore, taking the young is not a requirement for the fulfillment of the mitzvah, but presents an option for the individual performing the mitzvah.  He compares this to the words of the Torah, “Six days shall you work, and do all your melacha.” Clearly, the Torah is not requiring one to work, but limiting one’s work time to six days of the seven-day week. Similarly, shiluach hakein should be understood that should you want to take the young, you may do so only after sending away the mother, but there is no requirement to take the young. Put in other terms, sending away the mother is a matir that permits taking the young, similar to shechitah being the matir permitting one to consume the meat. Just as shechitah does not require that someone eat the meat, so too, it is not required to take the young, and one fulfills the mitzvah without taking them.

Other acharonim disagree, demonstrating from the Zohar that one is supposed to take the offspring (Beis Lechem Yehudah). The Aruch Hashulchan (Yoreh Deah 292:3-4) concludes, like the Chacham Tzvi, that there is no requirement to take the offspring. Nevertheless, since the posuk implies that one should, and there is evidence of this approach from some rishonim, the Aruch Hashulchan concludes that the proper approach is to make a kinyan on the young, such as by lifting them up. Furthermore, he notes that, according to the reason for the mitzvah of shiluach hakein proposed by many early authorities, which I hope to discuss in a future article, one should take the young.

Conclusion

The mitzvah we have just studied teaches that although we may eat kosher birds, we are prohibited to take a mother bird when she is in her nest tending to her young. In explanation of the reason for this mitzvah, Rav Hirsch sees a lesson to be learned regarding the sacred role of motherhood. To quote him: “The respect that a nation accords to the woman’s calling is a reliable barometer of that nation’s moral level… the paramount importance the Torah attaches to the woman’s activities… traces even into the sphere of animal life. It assures protection for a mother bird while she is engaged in her activity as a mother and it demands that everyone… should demonstrate through his actions this appreciation of the female as she carries out her task.”

Must I Toivel This?

Photo by Thomas Picard from FreeImages

Question #1: The Vanilla Cruet

“We received a gift of a glass cruet, a salad oil dispenser, that we doubt we will ever use for that purpose. We decided, instead, to use it is a flower vase and were told that we do not need to toivel it. Subsequently, we decided that we might use it for soaking vanilla beans and alcohol to make our own natural vanilla extract. Do we need to toivel it?”

Question #2: Restaurant Silverware

“I have always assumed that caterers and restaurants toivel their silverware and glasses. Recently, I was told that some hechsherim do not require this. Is this true? Am I permitted to use their silverware and glasses?”

Question #3: The Salami Slicer

“I have a knife that I use for my work, which is not food-related. May I occasionally slice a salami with the knife that I have never immersed in a mikveh?”

Question #4: The Box Cutter

“Before I toivel my new steak knife, may I use it to open a box?

Answer:

After the Bnei Yisroel’s miraculous victory over the nation of Midyan, they were commanded regarding the booty that they had now acquired: Concerning the gold and the silver; the copper, the iron, the tin and the lead: any item that was used in fire needs to be placed in fire to become pure – yet, it must also be purified in mikveh water. And that which was not used in fire must pass through water (Bamidbar 31:22-23). From these verses, our Sages derive the mitzvah of tevilas keilim — the requirement to immerse metal implements used for food in a spring or kosher mikveh prior to use. According to the Talmud Yerushalmi (Avodah Zarah 5:15), the immersion of the implement elevates it to the sanctity of Jewish ownership, similar to the requirement that a non-Jew converting to Judaism submerges in a mikveh (Issur Vaheter 58:76; see also Ritva, Avodah Zarah 75b).

The Gemara (Avodah Zarah 75b) rules that, in addition to metal items, we are also required to immerse glass utensils, because both metal and glass are similar: they are recyclable. When they break, one can melt or weld the broken parts to create new utensils or to repair old ones. As a matter of fact, in the time of the Gemara, people kept broken pieces of metal and brought them to the blacksmith when they needed to manufacture new items (see Shabbos 123a). It is also interesting to note that this function is the basis of the Hebrew word for metal, mateches, which means meltable or dissolvable (see Yechezkel 22:22; Rashi, Shemos 9:33). In this characteristic, metal ware and glassware are different from items made of stone, wood or earthenware, which cannot be recycled in this manner.

Prior to dipping the metal ware or glassware, one recites a brocha, Asher ki’deshanu bemitzvosav vetzivanu al tevilas keilim. As we will soon see, this brocha is recited only when there is a definite requirement to toivel (immerse) an item.

Used without immersing

If, in violation of the Law, someone used an item that was not immersed, may one eat the food that came in contact with it? According to many authorities, this is the subject of a dispute between two opinions in the Gemara. Some early authorities (Baal Halachos Gedolos, Chapter 55; Or Zarua, Piskei Avodah Zarah #293) conclude that, indeed, this food is prohibited. However, the consensus of halachic authority is that it is permitted to eat food that was prepared using non-toiveled equipment (Tosafos, Avodah Zarah 75b s.v. Vechulan; Ritva, ad locum; Rema, Yoreh Deah 120:16). This is useful information when visiting someone who, unfortunately, does not perform the mitzvah of tevilas keilim. Although one may not use non-toiveled utensils to eat or drink, the food prepared in them remains kosher. According to most authorities, if the food is served in non-toiveled utensils, one should transfer it to utensils that do not require immersion or were properly immersed.

The halachah is that when I know that someone will use pots and other equipment that were not immersed, I may not ask him to cook for me, since I am causing him to violate the Torah (lifnei iveir).

A matir or a takkanah?

Why is it forbidden to use a utensil that has not been toiveled? There are two different ways to understand this halachah.

A matir

The first approach explains that min HaTorah one may not use a utensil that has not been immersed, similar to the halachah that one may not eat meat without first shechting the animal. This logic holds that when the Torah created the mitzvah of tevilas keilim, it prohibited use of any food utensils that require immersion, and the immersion is what permits me to use the utensils. I will refer to this approach as holding that tevilas keilim is a matir.

A takkanah

Alternatively, one can explain that, although the requirement to immerse food utensils is min HaTorah, the prohibition to use non-toiveled utensils is a takkanah, a rabbinic prohibition. The reason for this prohibition is to encourage people to immerse their utensils in a timely fashion. Chazal were concerned that if it is permitted to use utensils without immersing them, people would postpone, indefinitely, fulfilling the mitzvah.

This second approach appears to be how the Mishnah Berurah understood this mitzvah, since he states that although most authorities contend that the mitzvah to immerse utensils is min HaTorah, the prohibition to use them if they were not immersed is only rabbinic (Biur Halachah 323:7 s.v. Mutar). This exact idea is expressed by Rav Shlomoh Zalman Auerbach (Minchas Shlomoh 2:66:13, 14).

Notwithstanding the Mishnah Berurah’s understanding of this mitzvah, the Or Zarua,a rishon, writes that the prohibition to use non-immersed equipment is min HaTorah (Or Zarua, Piskei Avodah Zarah #293; A careful reading of Shaagas Aryeh #56 will demonstrate that he was of the same opinion.) This implies that the mitzvah is indeed a matir, its purpose is to permit the use of the utensil. If not, where do we have any evidence that the Torah prohibited use of a non-immersed vessel?

Rushing to immerse

Is there a halachic requirement to immerse a utensil as soon as I purchase it, or may I wait for a convenient time to immerse it, as long as I do not use the utensil in the interim?

We find a dispute among the poskim concerning this. Some rule that there is no requirement to immerse a utensil as soon as possible (Levush, as explained by Pri Megadim, Mishbetzos Zahav, Orach Chayim 323:5),whereas the Maharshal (Yam shel Shelomoh, Beitzah 2:19) explains that this question is dependent on a dispute in the Gemara (Beitzah 17b-18a). The Maharshal concludes that one is required to immerse the utensil as soon as possible, out of concern that one will mistakenly use it before it was immersed. The latter ruling is quoted by other authorities (Elyah Rabbah 323:12).

Better to borrow?

The Gemara (Avodah Zarah 75b) explains that the mitzvah of tevilas keilim does not apply to utensils that a Jew borrowed or rented from a non-Jew (Shulchan Aruch, Yoreh Deah 120:8). The Torah taught that utensils that a Jew acquires require immersing, but not items that are not owned by a Jew. Furthermore, whether a utensil requires immersion is determined by who its owner is and not by who is using it. We will soon see another ramification of this ruling.

The poskim rule that, under circumstances when one cannot immerse utensils, one may transfer ownership of a utensil from a Jew to a non-Jew to avoid immersing it. Therefore, should a Jew own a utensil and have nowhere to immerse it, or if he does not have time before Shabbos or Yom Tov to immerse it, he may give it to a gentile and then borrow it back from the gentile (Mordechai, Beitzah #677; Shulchan Aruch and Rema, Yoreh Deah 120:16). Since the utensil is now owned by a gentile, there is no requirement to immerse it. Consequently, borrowing it from the gentile does not present any problem.

This ruling applies only to utensils that are owned by a non-Jew and borrowed from him by a Jew. However, if a Jew owns a utensil that he has not immersed, another Jew may not borrow or use it without immersing it (Tosafos and Rosh ad loc., both quoting Rashbam). Once the owner is required to immerse the utensil, no other Jew may use it without immersing it first.

Only klei seudah

The Gemara concludes that the mitzvah of tevilas keilim applies only to klei seudah — literally, implements used for a meal. This includes items used to prepare food or to eat. As we will soon discuss, there are some interesting ramifications of this law.

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

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

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

Rav Sheishes suggested that if the immersion of utensils is not a means of kashering a non-kosher vessel, then perhaps we have many more opportunities to fulfill this mitzvah, and it applies to any type of paraphernalia — even cameras, cellphones and clothing shears! However, the conclusion is that the mitzvah is limited to items used for food.

Kitchen or Leather?

Reuven is a leather worker who purchases a brand-new kitchen knife that he intends to use exclusively for this leather work. Does this knife require immersion in a mikveh?

Although this utensil was manufactured for food use, since Reuven is now the owner and he purchased it for leather work, it is no longer a food utensil.

The early authorities dispute whether someone who borrows the knife from the owner to use it for food is required to immerse it. The primary position contends that the borrower is not required to immerse the knife (Hagahos Ashri, Avodah Zarah, 5:35; Shulchan Aruch, Yoreh Deah 120:8). This approach understands that the halachic status of a utensil is determined by its owner and not by the person borrowing it. There is, however, a dissenting opinion that contends that since the owner himself would not be allowed to use the knife for food, even temporarily, someone else may not either (Issur Vaheter 58:89, quoted by Shach, Yoreh Deah 120:16). Thus, the latter approach requires that the borrower immerse this knife before using it for food. As a compromise position, some authorities conclude that one should immerse this utensil, but should not recite a brocha before doing so (Shach, Yoreh Deah 120:16).

However…

All this holds true as long as the owner, our leather worker, uses the knife exclusively for non-food use. The owner may not use it for food, even temporarily (Rema, Yoreh Deah 120:8). Furthermore, later authorities note that the Shach implies that, should Reuven decide to use the knife for food, albeit only once, he may not use the knife even for non-food use without first immersing it (Darchei Teshuvah 120:39, quoting Ginzei Elimelech; Sefer TevilaskKeilim, page 104, quoting Pri Eliyahu).

We see from this Shach a very interesting ruling. The halachah is not that food use requires that the vessel be immersed. The halachah is that a food utensil must be immersed before use – no matter what type of use.

This last ruling means that someone who purchased a knife that he intends to immerse, may not use it, even to open a package, before it has been immersed.

We can therefore answer one of our opening questions:

“I have a knife that I use for my work, which is not food related. May I occasionally slice a salami with the knife that I have never immersed in a mikveh?”

Although many people may find this ruling to be surprising, according to the Shach, you may not.

The vanilla cruet

At this point, I would like to discuss one of our opening questions, an actual shaylah that I was asked: “We received a gift of a glass cruet, a salad oil dispenser, that we doubt we will ever use for that purpose. We decided, instead, to use it is a flower vase and were told that we do not need to toivel it. Subsequently, we decided that we might use it for soaking vanilla beans and alcohol to make our own natural vanilla extract. Do we need to toivel it?”

This is an interesting question. I agree that if someone receives a vessel that is usually klei seudah, but one does not intend to use it for this purpose, there is no requirement to immerse it. Subsequently, the individual decides that he might use the cruet to process vanilla flavor, a use that would require immersing. (For reasons beyond the scope of this article, I would suggest not reciting a brocha, when immersing the cruet.) According to the Shach, once they decide to use the cruet for making vanilla flavor, not only do they now need to immerse it, but they can no longer use it for anything else. This is because a cruet is inherently a vessel that should require immersion. The only reason they were not required to immerse it until now was because they had decided not to use it for food. But once they decide to use it for food, they may not use it for anything without immersing it.

The salami knife

We can also now address a different question that was asked above: “I have a knife that I use for my work, which is not food related. May I occasionally slice a salami with the knife that I have never immersed in a mikveh?”

The answer is that, if this is a knife that was made for food use, one would not be allowed to use it for food without immersing it. On the other hand, if it is a box cutter, which is clearly not meant for food use, we have no evidence that one is required to immerse it. There are sources in halachah that state that an item that is not meant as klei seudah may be used occasionally for food, even by the owner, without requiring tevilah (see, for example, Darchei Teshuvah 120:70, 88).

Klei sechorah — “merchandise”

The halachic authorities note that a storekeeper does not toivel vessels he is planning to sell, since for him they are not klei seudah, but merchandise. Later authorities therefore coined a term “klei sechorah,” utensils used as merchandise, ruling that these items do not require immersion until they are purchased by the person intending to use them (based on Taz, Yoreh Deah 120:10).

In the nineteenth century, a question was raised concerning the definition of klei sechorah. When rail travel became commonplace, enterprising entrepreneurs began selling refreshments at train stations. (No club car on those trains!) A common occurrence was that Jewish vendors would sell beer or other beverages at the stations, which they would serve to their customers by the glassful. The question was raised whether these glasses required immersion and whether one was permitted to drink from them when the vendor presumably had not immersed them. Although it would seem that one may not use them without tevilah, there are authorities who rule that these vessels are considered klei sechorah for the merchant and that, therefore, the customer may use them (Darchei Teshuvah 120:70, 88; Shu”t Minchas Yitzchak #1:44).

According to this approach, a restaurateur or caterer is not required to immerse the utensils with which he serves his guests. Although most authorities reject this approach (Minchas Shlomoh 2:66:14), I have found many places where, based on this heter, hechsherim do not require the owner to toivel his glassware, flatware and other items.

Conclusion

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

The Haftarah for Pinchas

This week is the next to last week that the Eretz Yisroel community and the chutz la’aretz community are still reading different parshios, still due to the fact that acharon shel Pesach fell on Shabbos. This means that in Eretz Yisroel the haftarah for Parshas Pinchas is not one of the three read during the three weeks.

In most years, Parshas Pinchas falls during the three weeks and, as a result, its haftarah is Divrei Yirmiyahu, the opening words of the book of Yirmiyahu, which is the first of the telasa deparanusa, the three special haftaros we read during the “Three Weeks” of our national mourning (Rishonim quoting Pesikta). This haftarah is usually printed in the chumashim as the haftarah for Parshas Matos.

Since in Eretz Yisroel this is one of the fairly rare years when Parshas Pinchas is read before the fast of the seventeenth of Tamuz, there the haftarah printed in the chumashim for Parshas Pinchas is read. The haftarah, which is from the book of Melachim and begins with the words Ve’yad Hashem, describes how Eliyahu admonishes the wicked monarchs Achav and Izevel. Since the Torah reading and the haftarah reading respectively mention the attributes of zeal demonstrated by Pinchas and Eliyahu, this haftarah is very appropriate for this Shabbos. Furthermore, the Midrash (Pirkei D’Rabbi Eliezer, end of Chapter 29; Midrash Rabbah on this week’s parsha) states that Pinchas was Eliyahu, thus providing another reason to read this haftarah on this Shabbos.

It is actually unclear whether the Midrash means that Pinchas and Eliyahu were the same person, particularly since other sources in Chazal identify Eliyahu as being either from the tribe of Binyomin or of Gad (Bereishis Rabbah 71:9), both of which are impossible if Eliyahu was Pinchas, who was a kohen. The Gemara may simply mean that Eliyahu exhibited the same personality traits as Pinchas, since both displayed tremendous zeal in upholding Hashem’s honor.

The haftarah quotes Eliyahu as saying to Hashem: Kano kineisi laHashem Elokei Tzeva’os ki azvu berischa bnei Yisrael, I have acted zealously on behalf of Hashem the G-d of Hosts, for the Children of Israel have forsaken your covenant (Melachim 1:19:10), an allegation Eliyahu soon repeats (ibid. Verse 14). According to the Midrash, Eliyahu accused Bnei Yisrael of abrogating bris milah. As a response, Hashem decreed that Eliyahu will be present at every bris to see that the Jews indeed fulfill this mitzvah. Chazal therefore instituted that there should be a seat of honor for Eliyahu at every bris (Pirkei D’Rabbi Eliezer, end of Chapter 29; Zohar 93a).

Indeed, Jews view the mitzvah of bris milah dearly, and have accepted to observe this mitzvah in extremely difficult circumstances. Since the mitzvah of milah is so dear, we celebrate it as a happy occasion even during the three weeks and the nine days, periods of time in which we otherwise are accustomed to mourn. For this reason, the mohel, sandek, and parents of the baby may shave or get a haircut in honor of the bris, and during the Nine Days we serve meat meals in honor of the occasion.

We should also remember that Eliyahu is not only the malach habris, the angel who attends the bris, but also represents Pinchas, the bringer and angel of peace.

Since the discussion for haftarah of Pinchas is fairly short, I am adding another short article about a different, anomalous kerias haTorah situation:

How can this happen?

Kwiz Kwestion:

Someone received revi’i, the fourth aliyah, Shabbos morning, and, later that day, received back-to-back aliyos?

This question is not at all theoretical. I actually experienced it once. How did this happen?

Explaining the question fully provides a bit of a hint at the answer. Ordinarily, the only time someone receives back-to-back aliyos is when there is no levi in shul, in which case the kohen who receives the first aliyah also receives the second aliyah, that usually reserved for a levi. A kohen receives the aliyah because kohanim are members of the tribe of levi, and the same kohen receives the aliyah, rather than spreading the wealth around by giving a different kohen the second aliyah because of a rule ein kor’in lekohen achar kohen “We do not call up two consecutive kohanim.” Chazal ruled that this is prohibited because of concern that someone will think that, after calling up the first kohen, they discovered a halachic problem with his status and therefore needed to call up a different kohen (Gittin 59b).

Now, as a kohen I can tell you that it is a very common occurrence that I receive back-to-back aliyos, one as a kohen and the other bimkom levi. But how did I manage to get revi’i without the gabbai making an error? A kohen always receives either the first aliyah of the Torah, maftir, or acharon. Now, since revi’i is never maftir or acharon, how could a kohen ever receive the aliyah of revi’i?

One Shabbos I attended a family bar mitzvah, where the minyan was only family members. Not only am I a kohen, but so are all my brothers and sons, as well as my nephew, the bachur habar mitzvah. Virtually everyone else in attendance at the minyan made in honor of the bar mitzvah was a kohen. The only non-kohanim in attendance were the bachur’s maternal grandfather, who is a yisroel, and a family friend who is a levi. Thus, the first three aliyos were: a kohen (one of the family members), the levi guest and the maternal grandfather, who received shelishi.

Now is where the fun starts. All other attendees at the minyan were kohanim, and yet we have four more aliyos, plus maftir to give out! What is a gabbai supposed to do?

Fortunately, this question is discussed by the rishonim, with a wide variety of answers. The Beis Yosef cites four opinions what to do for the four remaining aliyos.

1. Call up the same three people who were called up as kohen, levi, and shelishi, as revi’i, chamishi and shishi, and then call up the original kohen for a third time as shevi’i.

2. The yisroel who was called up as shelishi should be called up again for revi’i, chamishi, shishi, and shevi’i since he is the only yisroel in the house.

3. Call up children for the remaining four aliyos.

4. Call up different kohanim for the remaining four aliyos.

What are the reasons behind each of these approaches?

1. Call up the same three people again

Although Chazal required that we call up seven people for aliyos on Shabbos, nowhere does it say that one may not call up the same person twice. As we see from the case when the kohen receives the aliyah of the levi, someone can be called up twice and count as two people receiving aliyos. Thus, our best way to resolve this situation is to call up the same three people again, which avoids calling up two kohanim one after the other. We also avoid calling up a kohen for an aliyah that implies that he is not a kohen, except for the one kohen who already was called up as kohen. Thus, no one should make a mistake that a kohen has any problem with his pedigree.

2. Call the yisroel for five consecutive aliyos

At the time of the Mishnah and Gemara, there was no assigned baal keriyah, and the person who received the aliyah was expected to read for himself. The institution of an assigned baal keriyah began in the time of the rishonim, when it became a common problem that someone called up for an aliyah was unable to read the Torah correctly, thus calling into question whether the community fulfilled the mitzvah of kerias haTorah.

However, even during the days of the Mishnah it occasionally happened that a minyan of Jews did not include seven people who could read the Torah correctly. The Tosefta, a source dating back to the era of the Mishnah but not included in the Mishnah, discusses a case in which there is only one person in the minyan who is capable of reading the Torah. What do we do? The Tosefta (Megillah 3:5) rules that we call this person up to the Torah seven consecutive times in order to fulfill the mitzvah of seven aliyos.

Based on this Tosefta, some explain that since we cannot call up two kohanim one after the other, when we have only one Yisroel in attendance, we call him to the Torah for all the yisroel aliyos (Beis Yosef, based on his understanding of the Mordechai).

3. Call up children

Our practice is that we do not call a child up to the Torah because it is not a sign of respect that a child read the Torah for a community (see Megillah 23a). From this comment, we see that, other than this concern, a child may have an aliyah, even though he is underage to fulfill a mitzvah.

Therefore, Rabbeinu Yeruchem rules that, in the situation at hand, we should call up children for the remaining aliyos. Apparently, he considers this to be a better solution than calling up someone who has already received an aliyah. The only time we can give someone two aliyos is to a kohen when there is no levi in shul. Therefore, our only alternative is to suspend the community honor and call up children for the missing aliyos.

If there are no children in attendance, Rabbeinu Yeruchem rules that we cannot continue the reading of the Torah!

4. Call up consecutive kohanim

All the approaches we have quoted thus far contend that there is never any exception to the rule that one may not call up two kohanim consecutively. However, there are rishonim who dispute this assumption, contending that, when it is obvious to all attendees that the reason you called two kohanim consecutively was because there were no other alternatives, there is no concern that someone will think one of the kohanim has a yichus problem, and therefore Chazal were not gozeir.

The Rashba contends that when everyone in attendance realizes that there are only kohanim in the minyan, we simply call up consecutive kohanim. There is no concern not to call one kohen after another in this instance.

The Shulchan Aruch concludes that the halacha follows the Rashba, and, to the best of my knowledge, this approach is accepted by all late halachic authorities. Thus, we now have answered our opening conundrum: How did I receive revi’i, the fourth aliyah, on Shabbos morning, and, later that day, receive back-to-back aliyos?

Taking Care of the Ill — The Mitzvah of Bikur Cholim

Those of us living in Eretz Yisroel, are reading parshas Korach this week, from which the Gemara cites a source for the mitzvah of bikur cholim. Those living in chutz la’aretz, can certainly find ample reason to study the laws of bikur cholim this week.

Question #1: “Rabbi,” asked Mr. Greenberg, “My neighbor, Mrs. Friedman, is having an operation. Is it appropriate for me to visit her?”

Question #2: Does Dr. Strauss fulfill the mitzvah of bikur cholim when he makes his hospital rounds?

Question #3: “My sister-in-law is hospitalized for a few days for a minor procedure. I should really visit her, but I just can’t find the time. Is it halachically sufficient for me to call her?”

Based on a pasuk in parshas Korach, the Gemara (Nedarim 39b) teaches: “There is an allusion to the mitzvah of bikur cholim in the Torah: When Moshe declares, ‘If these people (Korach’s party) will die like most people do, and the destiny of most people will happen to them, then Hashem did not send me.’ How do we see an allusion to the mitzvah of bikur cholim in the pasuk? Moshe declared: If these people will die like most people do – if they will become ill and bedridden and people will come to inquire about their needs (in other words, illness provides an opportunity for people to fulfill the mitzvah of bikur cholim) – then people will say ‘Hashem did not send me.’” Thus, the Gemara cites this week’s parsha as one of the sources in the Torah for the mitzvah of bikur cholim since Moshe specifically asked that Korach and his party not die in the manner that most people, where this a chance to achieve this important mitzvah.

Another allusion to bikur cholim is in the beginning of Parshas Vayeira, where is says that Hashem visited Avraham Avinu three days after his Bris Milah. Rashi points out that Hashem was performing bikur cholim, visiting and providing care for the ill. In the same way, by taking care of the ill, we fulfill the mitzvah of emulating Hashem’s ways, in addition to the special mitzvah of bikur cholim (Sotah 14a). Thus, physicians, nurses or other medical professionals should have in mind before every visit or appointment that they are performing two mitzvos, one of emulating Hashem, and the other of bikur cholim. Since we rule that mitzvos tzerichos kavanah, to fulfill a mitzvah requires being cognizant of that fact, any medical professional gains much merit by being aware of this every day and all day.

Every community should have an organization devoted to the needs of the sick, and it is a tremendous merit to be involved in organizing and participating in such a wonderful chesed project (Ahavas Chesed 3:3).

The Kli Yakar (Bamidbar 16:29) offers an additional reason for fulfilling bikur cholim to benefit the visitor. Seeing someone ill influences the visitor to think about the importance of doing teshuvah. And this influence provides extra merit for the sick person, since he caused someone else to do teshuvah!

The Gemara (Nedarim 40a) reports that when one of Rabbi Akiva’s disciples was ill, no one came to check his welfare. Then Rabbi Akiva entered his dwelling, cleaned it and sprinkled water on the floor (to prevent dust from rising), and the student exclaimed, “Rabbi Akiva, you have brought me back to life!” After this experience, Rabbi Akiva taught that someone who visits the ill is considered to have saved his life!

WHY “BIKUR” CHOLIM?

What does bikur cholim mean?

It is worth noting that although “bikur” means “visit” in modern Hebrew, the original meaning of “bikur” is not “visit” but “checking.” In other words, the actual mitzvah of bikur cholim is to check which of the sick person’s needs have not been attended to (Toras HaAdam).

There are two main aspects of this mitzvah:

I. Taking care of the physical and emotional needs of someone who is ill.

II. Praying for the recovery of the ill person (Toras HaAdam, based on Nedarim 40a).

I. TAKING CARE OF PHYSICAL NEEDS

In addition to raising the sick person’s spirits by showing concern, the visitor should also ensure that the physical, financial, and medical needs of the ill person are properly being attended to, as well as other logistical concerns that may be troubling him/her. Often, well-meaning people make the effort to visit the sick, but fail to fulfill the mitzvah of bikur cholim properly, because they fail to take care of the choleh’s needs (Gesher HaChayim).

Always cheer up the choleh (Gesher HaChayim).  This is included in attending to his emotional needs.

The visit is to benefit the choleh. In most circumstances, a visit should be short and not tire out or be uncomfortable for the ill person. Sometimes the sick person wants to rest, but feels obligated to converse with a visitor (Aruch HaShulchan, Yoreh Deah 335:4). In such cases, visitors think they are performing a mitzvah, while, unfortunately, they are actually doing the opposite. It is important to remember that the entire focus of bikur cholim is on the sick person’s needs and not on the visitor’s desire to feel noble or important. I remember my mother, a”h, having such guests during one of her hospital stays; although she kept hinting that she wanted to rest, they didn’t catch on and stayed put. They thought they were performing a kind deed, while, in reality, they were harming a sick person who desperately needed to rest.

OVERNIGHT CARE

One of the greatest acts of chesed is to stay overnight with a choleh (Aruch HaShulchan, Yoreh Deah 335:3; Shu’t Tzitz Eliezer, Volume 5, Ramat Rachel, #4). A similar act of bikur cholim and true chesed is to stay overnight with a hospitalized child to enable parents to get some proper sleep and keep their family’s life in order.

A person can fulfill the mitzvah of bikur cholim even a hundred times a day (Nedarim 39b). If one frequently pops one’s head into one’s sick child’s bedroom to see how the child is doing, or periodically drops in to visit a shut-in, one fulfills a separate mitzvah each time, so long as it does not become burdensome to the choleh. Similarly, a nurse fulfills the mitzvah of bikur cholim each time he/she checks on a patient, and, therefore, she should have intent to do this for the sake of fulfilling the mitzvah.

This applies even if the nurse is paid, because the proscription against being paid to do a mitzvah applies only to the mitzvah’s minimum requirement. Once one does more than this minimum, one can be paid for the extra time one spends. The same certainly applies to someone paid to stay overnight with a sick patient.

IS THERE AN OPTIMUM TIME OF DAY TO VISIT?

The Gemara states that one should not visit a sick person during the first quarter of the day, since one usually looks healthier in the morning and the visitor may not be motivated to pray on behalf of the ill person. One should also not visit a sick person at the end of the day, when he looks much sicker and one might give up hope. Therefore, one should visit an ill person during the middle part of the day (see Nedarim 40a, and Ahavas Chesed 3:3). Rambam offers a different reason for this halacha, explaining that at other times of the day, visitors might interfere with the attendants and medical personnel who are taking care of the choleh (Hilchos Aveil 14:5).

Thus, the ideal time for visiting an ill person is in the middle of the day, unless he is receiving medical treatment at that time.

Despite the above, the custom is to visit the ill person, regardless of the time of the day. Why is this so? The Aruch HaShulchan (Yoreh Deah 335:8) explains that the Gemara’s visiting times are advisory rather than obligatory. The Gemara is saying that one should visit the ill person at the time most beneficial for his care, which is usually the afternoon, either because this does not interfere with medical care or because it is the best time to detect the patient’s medical status. However, this is only advice and can be tempered by other practical concerns.

WHAT IF THE ILL PERSON IS RECEIVING SUBSTANDARD CARE?

In this instance, one should try to upgrade the choleh’s care without agitating him in the process (Gesher HaChayim).

WHOM TO VISIT FIRST

Usually, it is a greater mitzvah to visit a poor choleh than a wealthy one. This is because there is often no one else to care for the poor person’s needs (Sefer Chassidim #361). Additionally, he may need more help because of his lack of finances, and he is more likely to be in financial distress because of his inability to work (Ahavas Chesed 3:3).

If two people need the same amount of care and one of them is a talmid chacham, the talmid chacham should be attended to first (Sefer Chassidim #361). If the talmid chacham is being attended to adequately and the other person is not, one should first take care of the other person (Sefer Chassidim #361).

CROSS-GENDER VISITING

Should a man pay a hospital visit to a female non-relative, or vice versa?

The halacha states that a man may attend to another man who is suffering from an intestinal disorder, but not to a woman suffering from such a problem, whereas a woman may attend to either a man or a woman suffering from an intestinal disorder (Mesechta Sofrim Chapter 12). This implies that one may attend to the needs of the opposite gender in all other medical situations (Shach, Yoreh Deah 335:9; Birkei Yosef, Yoreh Deah 335:4; Aruch HaShulchan, Yoreh Deah 335:11 and Shu’t Zakan Aharon 2:76).

There is a famous story of Rav Aryeh Levin, the tzaddik of Yerushalayim. He was once concerned that a certain widow who had been told not to fast on Yom Kippur would disobey orders, he personally visited her on Yom Kippur and boiled water for a cup of tea to ensure that she drank. In this way, he fulfilled the mitzvah of bikur cholim on Yom Kippur in a unique way (A Tzaddik in Our Time).

However, some halachic authorities distinguish between attending to a sick person’s needs, and visiting, contending that although a woman may usually provide a man’s nursing needs and vice versa, there is no requirement for a woman to visit an ill man (Shu’t Tzitz Eliezer, Volume 5, Ramat Rachel, and Zichron Meir pg. 71 footnote 24 quoting Shu’t Vayaan Avrohom, Yoreh Deah #25 and others). Other authorities contend that when one can assume that the woman’s medical needs are provided, a man should not visit her, because of tzniyus concerns (Shu’t Chelkas Yaakov 3:38:3; Shu’t Tzitz Eliezer, Volume 5, Ramat Rachel, #16). Instead, the man should inquire about her welfare and pray for her. I suggest asking your rav or posek for direction in these situations.

II. PRAYING FOR THE ILL

The Beis Yosef (Yoreh Deah 335) writes, “It is a great mitzvah to visit the ill, since this causes the visitor to pray on the sick person’s behalf, which revitalizes him. Furthermore, since the visitor sees the ill person, the visitor checks to see what the ill person needs.” We see that Beis Yosef considers praying for the ill an even greater part of the mitzvah than attending to his needs, since he first mentions praying and then refers to attending to the other needs as “furthermore.”

Someone who visits a sick person without praying for his recovery fails to fulfill all the requirements of the mitzvah (Toras HaAdam; Rama 335:4). Therefore, physicians, nurses, and aides who perform bikur cholim daily should accustom themselves to pray for their sick patients, in order to fulfill the mitzvah of bikur cholim. A simple method of accomplishing this is to discreetly recite a quick prayer (such as “Hashem, please heal this person among the other ill Jewish people [b’soch she’ar cholei yisrael]”) as one leaves the person’s room. (A doctor in his office can recite the same quick prayer.)

MUST ONE PRAY FOR A SICK PERSON BY NAME?

When praying in a sick person’s presence, one does not need to mention his name, and one may recite the prayer in any language. The Gemara explains that this is because the Shechinah, the Divine presence, rests above the choleh’s head (Shabbos 12b). However, when the ill person is not present, one should pray specifically in Hebrew and should mention the person’s name (Toras HaAdam; Shulchan Aruch Yoreh Deah 335:5). If one cannot pray in Hebrew, one may do so in English or any other language except Aramaic (see Taz, Yoreh Deah 335:4).

[Incidentally, since the Shechinah is in the choleh’s presence, visitors should act in a dignified manner (Shabbos 12b; Shl”a). This includes both their behavior and their mode of dress.]

Why must one pray in Hebrew when the ill person is not present? Rashi explains that in such a case, when one prays for an individual, angels have to transport the prayer to the Divine presence (the Shechinah) – these angels transport only prayers recited in Hebrew and not those recited in Aramaic (Rashi, Shabbos 12b s.v. Deshechinah). However, when praying in the presence of the sick person, one may pray in any language, since the Shechinah is nearby and the prayer does not require the angels to transport it on high (Shabbos 12b).

MAY ONE PRAY IN ENGLISH FOR THE ILL?

This explains the difference between Hebrew and Aramaic. What about other languages? Do the angels “transport” prayer recited in a different language?

To answer this question, we must first explain why angels do not transport Aramaic prayers?

The halachic authorities dispute why the angels do not convey prayers recited in Aramaic. Some contend that angels communicate only in Hebrew and, furthermore, only convey a prayer that they understand (Tosafos, Shabbos 12b s.v. She’ayn). According to this approach, the angels convey only Hebrew prayers. However, other authorities contend that the angels do not convey Aramaic prayers because they view this language as corrupted Hebrew and not a real language (Rosh, Berachos 2:2). Similarly, the angels will not convey a prayer recited in slang or expressed in an undignified way. According to the latter opinion, the angels will convey a prayer recited in any proper language, and one may pray in English for an ill person even if he is not present.

The Shulchan Aruch quotes both opinions, but considers the first opinion to be the primary approach (Orach Chayim 101:4). However, in Yoreh Deah 335:5, the Shulchan Aruch omits the second opinion completely. The commentaries on the Shulchan Aruch raise this point, and conclude that the Shulchan Aruch felt that praying for an ill person is such a serious matter that one should certainly follow the more stringent approach and pray only in Hebrew when the choleh is not present (Taz, Yoreh Deah 335:4). Therefore, one should not pray for an individual sick person’s needs in any language other than Hebrew. Only if one is unable to pray in Hebrew, may one rely on the second opinion and pray in any language other than Aramaic.

DOES ONE FULFILL BIKUR CHOLIM OVER THE TELEPHONE?

To answer this question, let us review the reasons for this mitzvah and see if a telephone call fulfills them. One reason to visit the ill is to see if they have any needs that are not being attended to. Although a phone call might discover this, being physically present at the bedside is usually a better method of ascertaining what is needed. The second reason one visits the ill is to motivate the visitor to pray on their behalf. Again, although one may be motivated by a phone call, it is rarely as effective as a visit. Furthermore, although a phone call can cheer up the choleh and make him feel important, a personal visit accomplishes this far more effectively. Therefore, most aspects of this mitzvah require a personal visit. However, in cases where one cannot actually visit the choleh, for example, when a visit is uncomfortable for the patient or unwanted, one should call (Shu’t Igros Moshe, Yoreh Deah 1:223; Shu’t Chelkas Yaakov 2:128). Some authorities contend that it is better for a man to call, rather than visit, a hospitalized or bed-ridden woman who is not a relative, since it is difficult for an ill person to maintain the appropriate level of tzniyus (Chelkas Yaakov 3:38:3).

ALWAYS PRAY FOR GOOD HEALTH

A healthy person should daven for continuing good health, because it is far easier to pray that one remain healthy than to pray for a cure after one is already ill. This is because a healthy person remains well so long as no bad judgment is brought against him in the heavenly tribunal, whereas an ill person needs zechuyos to recover. This latter instance is not desirable for two reasons — first, the choleh may not have sufficient zechuyos, and second, even if he does, he will lose some of his zechuyos in order to get well.

Before taking medicine or undergoing other medical treatment one should recite a short prayer: “May it be Your will, Hashem my G-d, that this treatment will heal, for You are a true Healer” (Magen Avraham 230:6; Mishnah Berurah 230:6, based on Berachos 60a).

People who fulfill the mitzvah of bikur cholim are promised tremendous reward in Olam Haba, in addition to many rewards in this world (Shabbos 127a). Someone who fulfills the mitzvah of bikur cholim properly is considered as if he saved people’s lives and is rewarded by being spared any severe punishment (Nedarim 40a).

May Hashem send refuah shleimah to all the cholim of Klal Yisrael!

Do We Really Want to Be Tahor?

Question #1: Tanner Training

“In my work, I tan animal hides. Should I train for a different parnasah, so that I can make a living after Moshiach comes?”

Question #2: Amorphous Amphibians

“What is the difference between a toad and a frog?”

Introduction:

Since, unfortunately, our Beis Hamikdash still lies in ruins, the laws of tumah and taharah do not affect our daily lives significantly. As a result, many people do not approach the study of these laws enthusiastically, and do not pay adequate attention to the Torah readings about this topic. Yet, our prayers for Moshiach to come at any moment require that we be fully knowledgeable of the laws of tumah and taharah and that we are prepared to observe them. As the Gemara teaches, in the days of Chizkiyahu Hamelech, they searched the entire Land of Israel, from the northern to the southern tips, and could not find a single man, woman or child who was not completely conversant in every detail of the laws of tumah and taharah (Sanhedrin 94b). The situation should be this way today. This is all the more so, since we have a responsibility to comprehend the weekly parshah, and some of these laws are discussed in parshas Shemini.

Someone who becomes tamei may not enter the Beis Hamikdash or consume terumah, ma’aser sheini, bikkurim or kodoshim, foods that have sanctity.

The following passage of this week’s parshah mentions eleven different categories of the laws of tumah, which I have numbered in the selection below to facilitate explaining them afterward. The Torah writes:

Among animals that walk on all fours (1), anything that walks upon its forepaws* is impure (tamei). Whoever touches the carcass of such an animal will be tamei until evening. And whoever carries their carcass must wash his clothes, and he is tamei until evening, because these animals are tamei for you.

And the following creatures that creep on the ground (2) are tamei for you: The weasel,** the mouse, and the various species of toad. Also the hedgehog, the koach,*** the lizard, the snail and the mole. These are tamei to you among all the creeping animals – whoever touches them after they are dead will be tamei until evening. And anything that falls upon them after they are dead will become tamei, whether it is a wooden vessel (3) or a garment (4) or leather (5) or sackcloth (6) – any vessel with which work is performed (7). It must be immersed in water, and then it remains tamei until evening, at which point it becomes tahor.

Furthermore, any part of them (that is, the eight tamei “creeping creatures”) that will fall inside any earthenware vessel (8), whatever is inside it will become tamei and you shall break it (that is,the earthenware vessel). And any edible food (9) that had water touch it can become tamei. Similarly, any liquid (10) that can be drunk will become tamei, if inside such a vessel. Furthermore, anything on which part of a carcass falls will become tamei. An oven or stove (11) should be destroyed, because they are tamei, and when you use them, they will be tamei (Vayikra 11:27-35).

The Torah describes many different types of tumah (spiritual contamination), each with its own laws. Every word used here has a very specific halachic meaning. Let us explore some of the laws of the different categories mentioned.

(1) Neveilah

When discussing someone who touched an animal carcass (neveilah), the Torah specifies that a person becomes tamei whether he touched it or carried it, but notes a halachic difference between the neveilah that was touched or was carried. Germane to carrying the carcass, which is called tumas masa, the Torah says that he must wash his clothes, but omits this detail when discussing someone who touches a carcass, which is called tumas maga. We see here a difference in halachah between the person who carries neveilah and one who touches it, without moving it. One who carries neveilah contaminates any utensils, food or beverage susceptible to tumah that he touches while he carries it. The clothes that he wears are used by the Torah as an example of any item that he touches while carrying or moving the neveilah. This tumah is called tumah be’chiburin, literally, tumah by connection. Any keilim, utensils or appliances, that now become tamei will require immersion in a mikveh or spring, and will become tahor again at the subsequent nightfall. (There is one type of utensil that is not affected by tumah be’chiburin — earthenware vessels that were touched by a person while he carried a neveilah remain tahor. Also, tumah be’chiburin of neveilah does not contaminate people – therefore someone touching the person who is carrying the neveilah remains tahor.) However, someone who touches a neveilah without causing it to move does not contaminate something he touches at the same time. Whereas he himself becomes tamei and remains tamei, until he immerses in a mikveh or spring and then awaits nightfall afterwards, what he touches at the time remains tahor.

By the way, for those in chutz la’aretz, becoming tamei by moving or touching neveilah is not an uncommon situation. For example, someone who moves a package of packaged non-kosher meat in the supermarket has just carried neveilah and made himself and his clothes tamei (although, in all likelihood, they were already tamei).

Tanner training

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

“In my work, I tan animal hides. Should I train for a different parnasah, so that I can make a living after Moshiach comes?”

The questioner realizes that someone who tans leather will make himself tamei, if he handles the carcasses of animals. However, once the flesh is removed, the hide itself does not generate tumah (see Mishnah Chullin 117b). Furthermore, even if our questioner handles neveilos, he can make himself tahor through immersion in a mikveh. It is indeed true that he may not enter the Beis Hamikdash or consume terumah, ma’aser sheini, bikkurim or kodoshim once he becomes tamei, but this does not preclude his earning his livelihood that way.

(2) Sheretz

The Torah lists eight creeping creatures that generate tumah, if one touches them after they are dead. As the Ibn Ezra already notes, we are uncertain as to the exact identity of these eight creatures. When Eliyahu arrives, he will identify them, so that we can properly observe these laws. If we follow the translation that I provided above, based on Rashi and other traditional commentaries, the eight include an interesting mixture of small mammals (mostly rodents), reptiles, amphibians and mollusks. All usually lie close to the ground, and most are small. However, if the koach is identified correctly as a monitor, it is the largest of the lizards and can grow as long as ten feet.

Yet, if our translation is correct, other small creatures, such as snakes, frogs, insects and other rodents are not included under the heading of tumas sheratzim. Although it may not seem very aesthetically pleasing to touch other dead insects, rodents or other small creatures, one does not become tamei when one touches them. One should wash one’s hands because of sanitary reasons, but being sanitary and becoming tamei are dissimilar concepts.

By the way, the word tzav, which is used in Modern Hebrew for turtle, is one of the sheratzim, but means toad, according to Rashi. I have no idea who decided to use this word for turtle, but it is not consistent with halachic authorities. There is no reason to assume that a turtle is tamei.

Amorphous amphibians

At this point, let us refer back to one of our opening questions: “What is the difference between a toad and a frog?”

A zoologist will note several differences between them, but this is a halachic article. According to Rashi (Vayikra 11:29), a toad is one of the eight sheratzim that are tamei, and a frog is not (see Rashi, Shemos 7:29 and also see Mishnayos Taharos 5:1,4 and Rash and Bartenura).

Laws of sheratzim

Regarding the tumah of sheratzim, the Torah states that one who touches them becomes tamei, but it mentions nothing about the person’s clothing requiring immersion, nor does it state that someone becomes tamei when he carries them. This is because a sheretz makes someone tamei only if he touches it, and not if he moves it without touching. Furthermore, his clothing or anything else he touches while touching the sheretz does not become tamei, unless it is in direct physical contact with the sheretz.

Toad vs. frog

Why did the Torah declare only these eight creatures to be tamei, but no others?

This is a question that we can ask, but probably not answer, other than to accept the gezeiras hakasuv, the declaration of the Torah, and observe it as Hashem’s will. Although we endeavor to explain the reasons for mitzvos, we realize that we can never assume that we understand the reason for a mitzvah. In the instance of most mitzvos, we explore possible reasons for a mitzvah in order to enhance our experience when we observe it. This we do, when we can. However, I have not found any commentary that endeavors to explain what it is about these eight specific creeping creatures, but not any of the others, that generates tumah.

Utensils that become tamei

Returning to our passage, after mentioning the tumah of neveilah and sheretz, the Torah lists eight categories of items that become tamei from contact with neveilah and sheretz. Among the specific items mentioned are: (3) wooden vessels, (4) garments, (5) leather items, (6) sackcloth, (7) vessels described by an obscure clause, “any vessel with which work is performed,” (8) earthenware, (9) food and (10) beverages. Each of these categories has its own specific laws, all of which are hinted at in the pasuk. For reasons that will soon become obvious, I will divide this list into three groups. First we will discuss items 3-7, which I will call, collectively, “immersible utensils.”

(3) Wooden utensils

Wooden vessels become tamei when they have a receptable which can hold liquid (called a beis kibul) or when people use them and place items atop them, such as a table (Rambam, Hilchos Keilim 4:1). These ideas are intimated by the Torah when it describes wooden vessels.

(4-5) Garments and leather

All types of garments are susceptible to tumah, although there is a dispute among late authorities concerning whether synthetic fabrics can become tamei.

(6) Sacks

Yes, I wrote sacks, not socks. Sackcloth means something manufactured from woven goat’s hair or animal hair, such as from the tail-hair of cows (Sifra). In general, goat hair is too coarse for use as clothing, but was used in earlier generations similar to the way that we would use burlap, as a bag or sack for storage or transportation. (There are varieties of goat, such as cashmere and mohair, that produce extremely fine wool used for garments, but most goats do not.)

(7) From slingshots to tefillin

The Torah mentions that any vessel with which work is performed can become tamei from a sheretz. What is included in this category? The Sifra explains that this verse teaches that the following three items become tamei: The sling of a slingshot, tefillin, and the envelope in which one places an amulet.

What do slingshots have in common with tefillin and envelopes?

These are three items that contain a beis kibul, a receptacle to hold something, yet someone might think that they do not qualify as “vessels.” The Torah is teaching that these are considered to be receptacles, or “vessels,” to become tamei. In the case of the sling, it is meant to hold the marble, stone or other projectile, albeit for a very brief period of time. In the case of tefillin, the batim of the tefillin contain the parshiyos, and similarly in the case of an amulet.

(8) Earthenware

Note that I have separated earthenware and not included it under the same category as I treated the other utensils. This is because earthenware has many halachic differences, both lenient and stringent, from all other utensils.

All other utensils fall under one of two categories:

(A) Utensils that do not become tamei, which is a topic we will not be discussing in this article.

(B) Utensils that do become tamei, but which can then become tahor again, after they are immersed in a mikveh or spring. This latter categoryis called klei shetifah, literally, immersible utensils.

(C) Earthenware vessels fall under a third category, because once they become tamei, the only way they can become tahor again is by breaking them. Immersing them in a mikveh or spring does not make them tahor.

How is earthenware different?

There are also several other ways whereby halachah treats earthenware vessels differently from how it treats immersible utensils. The section of the Torah that I quoted above alludes to four of the ways that earthenware vessels are different from immersible utensils.

Contaminate from outside

(I) Immersible utensils become contaminated when they come in contact with neveilah, sheretz or other tamei sources, regardless as to whether they are touched on their internal surface or on their outside. However, if something tamei touched the outside of an earthenware vessel, it remains tahor. An earthenware vessel contracts tumah only from its inside, and only when it has a beis kibul — an area that can service as a “container” to hold liquid. As a result, a flat earthenware board or an earthenware fork cannot become tamei since it has no “inside” that holds liquid.

Immersion does not help

(II) As I mentioned above, another way that earthenware vessels are different from other utensils is that once they become tamei, there is no means of making them tahor again, other than breaking them.

Airspace

(III) A third way that earthenware vessels are different from other utensils is that they become tamei if a tamei source, such as a sheretz or neveilah, is suspended inside the airspace of the earthenware vessel, even if the sheretz or neveilah does not touch the vessel. Halachically, there is no difference between the airspace of an earthenware vessel and touching it on the inside – either way makes the earthenware vessel tamei.

Contaminating from the inside

(IV) A fourth way that earthenware vessels are different from other utensils is that a tamei earthenware vessel spreads tumah to any food or beverage that is inside its airspace, even if the food or beverage never touched the vessel directly.

These four laws regarding earthenware vessels are all taught in a few words in the pasuk that I mentioned above: Furthermore, any part of them (that is, the eight tamei creatures) that will fall inside any earthenware vessel, whatever is inside it will become tamei and you shall break it (that is,the earthenware vessel).

The Torah mentions that an earthenware vessel contracts tumah only when something falls inside it, and, furthermore, it does not say that the tamei substance must actually touch the earthenware vessel. Also, note that what is inside the earthenware vessel becomes tamei, even if it did not touch the vessel. And, lastly, upon becoming tamei, the Torah mentions only one solution for the earthenware vessel –breaking it. There is no other way to make it tahor.

(11) Ovens and stoves

Let us return to the pesukim quoted above. At this point, we will discuss other halachos germane to earthenware vessels. The above-quoted passage states: Anything on which part of a carcass falls will become tamei. An oven or stove should be destroyed, because they are tamei, and when you use them, they will be tamei.

The ovens of the era of the Torah and Chazal were made of earthenware. Their shape was somewhat similar to a large donut, meaning they were completely open on top and bottom. The open bottom was placed over a hollow in the ground, and then the outside of the oven was lined with mud or clay to insulate it well. Fuel was placed inside the oven and kindled by means of an opening in the side. The food being cooked or baked was placed inside either through this opening or from on top. When they were used this way as ovens, the open top was covered, usually with a piece of earthenware. When these ovens were used as stoves, the pots of food were placed on the open top.

My reasons for explaining these facts is not as an archaeologist, but so that we can understand better both the pasuk of the Torah and the halachah. Although ovens and stoves were made of earthenware, the Torah mentions them under a different heading. This is because other earthenware vessels become tamei only when they have a beis kibul, a receptacle. Following this definition, earthenware ovens and stoves should not become tamei, since they have no bottom. The Torah teaches that ovens and stoves are susceptible to tumah, and have the rules of other earthenware vessels, notwithstanding the fact that they have no beis kibul.

There are halachic ramifications of this distinction, but we will not discuss that in this article. The intrepid reader is referred to a halachic discussion in Ohalos 12:1, and the commentaries thereon.

Conclusion

This article has served as an introduction to some of the basic rules of tumah and taharah, particularly as they relate to utensils. We hope and pray to be able to observe all of these laws soon.

* This translation follows Malbim.

** With the exception of the koach, our translation follows Rashi’s commentary.

*** Most commentators identify this either with the chameleon or with the monitor, both of which are varieties of lizard.

Is It a Red Heifer?

Although this week is not Parshas Parah, since I have a very exciting and germane article for next week that fits Parshas Shemini, I am sending out this article already this week.

Question #1: Cow or Heifer?

Which is the correct translation of parah adumah, “red cow” or “red heifer”?

Question # 2: How to?

How does a parah adumah make you tahor?

Introduction

Twice a year, once as maftir on Parshas Parah, and once when we read Parshas Chukas, we read the entire Torah portion that describes how the parah adumah is prepared. We also daven fervently three times a day for Moshiach to come, at which time the taharah process using the parah adumah will again become part of our lives. This is because this process is the only way to become tahor from tumas meis, tumah that is contracted from a corpse, and, in the post-Moshiach era, we will want to be tahor whenever we can. There is much detail about the laws of parah adumah, most of which is explained in the twelve chapters of Mishnayos Parah and the fifteen chapters of the laws of parah adumah in the Rambam’s Mishnah Torah. This article will discuss many of the basic laws that will apply when we use the parah adumah to become tahor, speedily and in our days.

Three topics

The Torah’s passage about parah adumah at the beginning of parshas Chukas can be divided into three sections. The first part discusses the processing of the parah adumah –how it must be processed into the special ashes necessary to make someone tahor. The second part, which we will not discuss in this article, contains the basic rules of tumas meis. The third part explains the process whereby parah adumah ashes make someone tahor.

History of the parah adumah

According to the Mishnah (Parah 3:4), a total of eight paros adumos were processed from the time of Moshe Rabbeinu until the destruction of the second Beis Hamikdash. The first was the one described in the Torah, in which the key player was Elazar, who was, at the time, the segan, the associate kohein gadol. The Mishnah (4:1) quotes a dispute among tanna’im whether the other paros adumus could be processed only by a kohein gadol, or whether any kohein hedyot was kosher. The Rambam (Hilchos Parah Adumah 1:11) concludes that a kohein hedyot could process the parah adumah, although, it appears that each time it was, indeed, the kohein gadol who did so (Parah 3:8). This is very logical. Since it was the kohein gadol’s decision who would be honored to process the parah adumah, and preparing the parah adumah was a once-in-a-lifetime experience, the kohein gadol would want to perform the mitzvah himself.

Cow or heifer?

One question we will address is whether the parah adumah is a cow or a heifer. It is popular to refer to the parah adumah as a red heifer; however, let us examine whether this term is accurate. To do so, we need to know the difference between a cow and a heifer and then to analyze the laws of parah adumah.

My desktop dictionary defines a heifer as: “a young cow, especially one that has not yet given birth.” The Wikipedia definition is: “A young female before she has had a calf of her own and is under three years of age.”

A cow is defined as a mature female. According to my desktop dictionary, it does not need to be fully mature to be a cow, since a heifer is called a “young cow.” In other words, “heifer” should be used to describe the bovine equivalent of a young teenager, and “cow” includes also a physically mature adult.

From some of the mishnayos in Mesechta Parah, we may be able to rally proof regarding which term is more accurate. The Mishnah cites a dispute among tanna’im whether a parah that is or was ever pregnant may be used as a parah adumah. The basis of the dispute concerns the following question: One of the laws of parah adumah is that it may never have performed any type of work. Since a pregnant cow is carrying her offspring, is this considered doing work? Most women will agree that being pregnant is far harder than most other physical work that they have ever performed.

Germane to our current discussion whether a parah adumah should be defined as a cow or as a heifer, cow appears to be the better choice, since a heifer precludes it having calved.

There is actually even stronger proof whether cow or heifer is the better translation of parah adumah.The opening Mishnah of Mesechta Parah cites a dispute regarding the age of a parah adumah. The Mishnah cites four opinions: Rabbi Eliezer rules that a parah adumah must be in its second year, or past its first birthday. The Chachomim rule that it must be past its second birthday, otherwise it is too young, and that, preferably, it should be before its fourth birthday. Rabbi Meir rules that it can be as old as its fifth birthday. According to both the Chachomim and Rabbi Meir, it could be older than four or five, but it is advised not to wait this long, since it could begin to become black, which would invalidate it. Rabbi Yehoshua, the fourth opinion, rules that it should be in its third year, and not older.

We see that most tanna’im accept that an animal more than three years old is kosher as a parah adumah. According to the Wikipedia definition of a heifer, this means that a parah adumah should no longer be called a heifer – it may be too old. However, according to Rabbi Eliezer, and possibly Rabbi Yehoshua, it is not incorrect to call a parah adumah a “red heifer,” although “red cow” would also be accurate. In conclusion, since we follow the ruling that a parah adumah may be more than three years old, the most accurate definition is “red cow” and not “red heifer.”

Processing the parah adumah

The Mishnah describes how the kohein who is in charge of processing the parah adumah spent a week preparing for his task, and how the parah was transported to Har Hazeisim, the Mount of Olives, where it was processed. Although the parah adumah had many of the laws of a korban, technically it was not a korban, and it was prepared outside the Beis Hamikdash grounds.

A huge wood pyre was constructed on Har Hazeisim, and the parah adumah, after being slaughtered and having its blood sprinkled in a very specific way by the kohein, was then burned together with the entire pyre. Many more details of this process are mentioned in the posuk and the Mishnah (third chapter of Parah).

We were permitted and encouraged to add as much wood as possible to the pyre on which the parah adumah was burned. Indeed, the ashes of the parah adumah used to make people tahor were predominantly ashes from the wood with which it was burned. The flesh of the parah adumah was completely burned, but its bones were ground up and mixed into the ashes (Parah 3:11).

There are many details involved in the processing of the parah adumah. Among the many interesting laws is that anyone who wanted to be involved in burning the parah adumah was required to first purify himself and all his clothes, expressly for the purposes of parah adumah. Also, anyone involved in burning the parah adumah could not do any other activity while was being burned.

Making someone tahor

After the parah adumah and its pyre were reduced to ashes, the ash was collected and divided into three parts: one part was kept on the Beis Hamikdash grounds, one part on Har Hazeisim, and the third part was distributed for people to use everywhere around the country (Parah 3:11). The parah adumah ash, which at this stage in its processing is called eifer chatas, was stored in closed containers, until needed for purification purposes.

Milui, kidush, and haza’ah

In order to make the next section easier to absorb, I will divide it into two subtopics. The first is called milui and kidush, whereby the ashes of the parah adumah are used to convert spring water (similar to what you would purchase for drinking) into mei chatas,the special water that makes people tahor. The second subtopic is called haza’ah, which refers to the sprinkling of the mei chatas water onto people or vessels to make them tahor.

Milui — drawing spring water

The first step in preparing the mei chatas is the drawing of the water. Drinkable spring water must be drawn directly from a spring with a tahor vessel. The vessel must be made either of material that is not susceptible to tumah (eino mekabel tumah), such as hollowed-out stone, or, if made from material that is susceptible to tumah (mekabel tumah), such as wood or metal, it must have been made tahor specifically to use for parah adumah. For this reason, someone who immersed a wooden or metal bowl or pot in order to eat or prepare with it terumah or korbanos or non-holy food (chullin) may not use the bowl or pot for the preparation of parah adumah. This rule is one of many takanos chachamim that Chazal instituted, to safeguard the special taharah status of the parah adumah.

Any person or vessel that is intended to come in contact with the eifer chatas, the mei chatas, or with the people and vessels used to process them may not touch anything that can potentially become tamei, unless the person or vessel was previously made tahor specifically for parah adumah purposes. Thus, although the individuals processing, guarding or transporting the parah adumah are permitted to eat and drink, they are severely restricted in what they are permitted to eat or drink. They may eat only food that never came in contact with most liquids (including water, milk, olive oil, wine, grape juice or honey), and they may drink only water that was drawn from a spring especially for the purpose of parah adumah.

The person who draws the water must be completely focused on his job. Performing any other activity not necessary for the production of the mei chatas while drawing the water or transporting it will invalidate it, even doing a task so simple as providing someone with directions or tossing a piece of fruit into a bin.

There is a requirement to be meticulously careful that no other water mix into the mei chatas from the time that it is drawn. For example, if it is left exposed in such a way that dew may enter it, it becomes invalid (Parah 9:1).

Kidush

The drawn spring water must be supervised by a tahor person, until the kidush procedure is performed. The kidush is done by taking some of the eifer chatas ashes and sprinkling them onto the water.

One may draw many buckets of water and pour them into a much larger vat until the vat is full. At that point, one may take a minimal amount of eifer chatas and sprinkle it onto the vat. The amount of ashes sprinkled must be enough that one can see it as it touches the water.

Because of a takanas chachomim, it is required that the person performing kidush do so while he is barefoot (Parah 8:2). This is because of concern that his shoes or sandals might become tamei while he is performing the kidush, and they will, in turn, make him tamei, which will invalidate the entire procedure. Those eager to understand the reason for this takanah more thoroughly are referred to the commentaries to Parah 8:2.

Milui and kidush do not require that they be performed by a kohein – a Yisroel is fine.

May a woman?

Because of a very complicated droshas Chazal, there is a dispute among tanna’im whether a woman or a child may perform milui or kidush. According to Rabbi Yehudah, a (male) child may perform them, but not a woman, whereas the majority opinion is that a woman may perform these activities, but not a child (Parah 5:4; Sotah 43a).

Haza’ah

The Torah teaches that to become tahor after contracting tumas meis, one must undergo the following procedure: On the third day after one became tamei, or later, one is sprinkled with the mei chatas. The sprinkling is repeated four or more days later. These two sprinklings are referred to transpiring on the “third” and “seventh” days. In reality, “third” and “seventh” are minimums. The mei chatas cannot be sprinkled earlier than the third day after the person or utensil contracted tumah. Whenever that sprinkling actually occurs, at least four days must past before the second sprinkling can take place. Sometime after the second sprinkling is performed, the person must immerse himself in a spring or a mikveh and then await the nightfall after his immersion to become completely tahor.

The same law applies to most vessels that become tamei from contact with a corpse. They require sprinkling on the third or later day after contracting tumah, a second sprinkling four or more days later, immersion in a spring or mikveh, and then waiting until nightfall. After these four steps have been taken, the vessel becomes completely tahor.

Eizov

This sprinkling is done with a special plant called an eizov, which is usually translated as “hyssop.” However, the word “hyssop” is simply the word eizov transliterated into Greek, which was then transliterated into Latin and then English, and someone decided that it might refer to an herb that they chose at random. According to different approaches to explaining a passage of Gemara (Shabbos 109b), eizov might mean oregano, sage or marjoram, all of which are fragrant shrubs. From the Mishnah (Parah 11:7), it is evident that the eizov was considered edible, presumably either as a salad green or in some form of dip. It is absolutely essential that one use the correct variety meant by the Torah as eizov (see Parah 11:7). We will not know for certain which species is intended until Eliyohu returns to identify it for us.

Intent

Although the people that are becoming tahor do not have to intend that they are becoming tahor, the person performing the haza’ah must have in mind that the procedure he is performing is for the purpose of making them tahor. If he did not have this in mind, they remain tamei.

Direct impact

The water that is being sprinkled must land on the tamei person or utensil directly – if it ricocheted off another item and then landed onto the tamei person or utensil, they remain tamei.

Minimum contact – substantive impact

The people or implements becoming tahor need be touched by only one drop of the mei chatas waters. Indeed, there is no halachic advantage to receiving a bigger sprinkling or more than one sprinkling on a day. As I mentioned above, to become tahor the person or implement must have mei chatas sprinkled on them twice – once on the third day (or later) from which they became tamei meis, and a second time, at least four days later (this is referred to as the “seventh day” – i. e., at least four days after the first sprinkling). The people or implements then require immersion in a mikveh or spring and become completely tahor on the next nightfall. Until that time, the people may not enter the Beis Hamikdash grounds, nor may they consume terumah or kodoshim. However, they are permitted to touch regular food without contaminating it, and they may also handle maaser sheini.

May a woman II

The tanna’im dispute whether a woman or a child can perform the haza’ah. Because of the hermeneutic rules, this dispute is the exact opposite of what I mentioned above, regarding the milui and kidush. According to Rabbi Yehudah, a woman may perform the haza’ah, but not a child, whereas according to the majority opinion, which is the way we rule, a (male) child can perform this ritual, but not a woman (Parah 12:10; Yoma 43a).

Since we mentioned above that the person performing the haza’ah must know that he is making someone tahor, a very young child cannot perform haza’ah, but only a child old enough to understand that his act is making someone tahor (Parah 12:10, see commentaries).

Conclusion

Because of space considerations, several important aspects of the parah adumah have been omitted in this article. Included in the topics that have been omitted is the full explanation of the famous statement that parah adumah is metaheir es hatemei’im umetamei es hatehorim: although it makes tamei things tahor, it also sometimes makes tahor things tamei. We also did not discuss what defines the parah adumah as being completely red, nor did we discuss the dispute with the tzedukim about the proper processing of the parah adumah, which had major halachic ramifications. We will have to return to the topic to discuss these laws in future articles.

Afterword

One of Rav Moshe Feinstein’s talmidim related to me the following story that he himself observed. A completely red, female calf had been born. Since this is indeed a rare occurrence, much conversation developed concerning whether this was positive indication that Moshiach would be arriving soon and this calf would provide the parah adumah necessary to make people and vessels tahor.

Someone approached Rav Moshe to see his reaction to hearing this welcome news, and was surprised that Rav Moshe did not react at all. When asked further whether he felt that this was any indication of Moshiach’s imminent arrival, Rav Moshe responded: “I daven every day for Moshiach to come NOW. The parah adumah is not kosher until it is past its second birthday. Do you mean to tell me that I must wait two more years for Moshiach?”

Shul Building, Part II

Question #1: One shul

“May we merge two existent shullen, when each has its own minhagim?”

Question #2: Two shuls

“Is it permitted to leave a shul to start our own?’

Question #3: More seats?

“Can there ever be a problem with adding more seats to a shul?”

Introduction:

Our batei kenesiyos and batei midrashos, the buildings that we designate for prayer and for study, are referred to as our mikdash me’at, our holy buildings reminiscent of the the sanctity of the Mishkan and the Beis Hamikdash.

As I mentioned in last week’s article, there is a halachic requirement to build a shul. To quote the Rambam (Hilchos Tefillah 11:1-2), Any place that has ten Jews must have available a building that they can enter to pray at every time of prayer.

Changing neighborhoods

An interesting teshuvah from Rav Moshe relates to a shul building that had been originally planned with a lower level to use as a social hall, with the shul intended to be on the upper floor. They began to use the social hall for davening until they built the shul on top, but the neighborhood began to change. Before they even finished the social hall, it became clear that they would have no need to complete the structure of the building. They never finished the building, and instead, directed the efforts and finances toward purchasing a new shul in a neighborhood to which people were moving. The old shul, or, more accurately, the “social hall” part of the old shul building, is at the stage where there is barely a minyan left, and the dwindling numbers imply that it is not going to be very long until there is no functioning minyan. The question is that they would like to sell the old building and use the money to complete the purchase of the new building. Furthermore, the mikveh in the town is now in a neighborhood to which women are hesitant to travel, so they want to use the funds from the old shul building to defray the construction costs of a necessary new mikveh.

Because of the specific circumstances involved, including that it is unlikely that people from the outside will drop in to daven in this minyan anymore, Rav Moshe rules that they are permitted to sell the building.

A similar responsum from Rav Moshe was when they needed to create a shul in a neighborhood where there was a good chance that the Jewish community there would not last long. Rather than declare their building a shul, they called it a library and used it as their shul. Rav Moshe suggests that they might have been required to do so, since they knew from the outset that the days of the Jewish community were numbered (Shu”t Igros Moshe, Orach Chayim, 2:44).

More seats?

At this point, let us discuss the third of our opening questions:

“Can there ever be a problem with adding more seats to a shul?”

There is an early responsum on the topic (Shu”t Harivosh #253), and the ruling might seem to us counterintuitive. A wealthy individual purchased several seats in the shul many years before. Probably, when the shul was built, the community had sold or perhaps even auctioned seats, at prices depending on their location (think of the relative ticket prices on theater seats, lehavdil). The seats are considered private property and are even at times rented out to others.

There is now a shortage of seats in the shul and the community would like to add new seats in empty areas of the shul. The wealthy fellow claims that this will make it more difficult for him to get to his seat, and that his own seat will be more crowded as a result. Can the community add seats, notwithstanding his claim?

The Rivosh rules that the community cannot add new seats, because the wealthy fellow already owns the right to get to his seat in a comfortable way. However, the Rivosh rules that the community may do the following to try to increase the availability of seats:

1. They may set a limit on the rental price of the existing seats.

2. They may pass a regulation that unused seats must be rented out.

Building two shuls

There is an old Jewish joke about the Jew stranded on a desert island who built two shuls, one to daven in, and the other never to walk into. Is there any halachic basis to this habit we have of opening several competing shullen in the same neighborhood?

Indeed, there are old responsa regarding this question. The Radbaz, one of the greatest halachic authorities of the fifteenth century, was asked such a shaylah (Shu”t Haradbaz #910).

A man named Yehudah Abualfas wanted to open a second shul in his town. The background appears to be as follows: The community, which may have been located somewhere in Egypt, was composed predominantly of families who originated from Tunisia, but there were individuals who had settled there from other places. The shul followed the minhag of Tunis.

Yehudah Abualfas, who was born and raised in this community with Tunisian customs, and everyone else living in the town, were members of the general community. They donated to the community’s tzedakah fund, participated in its fees and taxes, and davened in the community shul which followed minhagei Tunis.

Abualfas’s family originated from a place where they followed the customs of the Spanish communities, not those of Tunisia. (Ashkenazim tend to group Sefardim and Edot Hamizrah together as one group. Technically, Sefardim are those whose antecedents once lived in Spain, whereas there were Jewish communities from Morocco to Iran and even farther east whose ancestors never lived in Spain and should be called Edot Hamizrah.) Abualfas and his friends had begun to develop their own community, consisting of members who identified as Sefardim and not as Tunisians, and they wanted to create their own community following minhag Sefard.

Shul versus community

The Radbaz divides the question into two topics: May the Sefardim establish their own shul, and may they establish their own community?

Regarding the establishing of their own community, which would mean that they would no longer participate in the tzedakah fund and other taxes and fees of the general community, the Radbaz rules that, once they have individually been paying as members of the main community, they cannot separate from that community and create their own. As individuals, they are bound to continue contributing to the main community.

However, regarding whether they may create their own shul, the Radbaz rules that they may, for the following reason: since they do not want to be forced to daven with the rest of the community, their desire to have their own shul will disturb their kavanah while davening. The Radbaz discusses at length the issue of davening with kavanah. He notes that one is not permitted to daven when one is angry, and that the Gemara states that, if the amora Rav Chanina ever got angry, he did not daven that day. Furthermore, we see that any distraction is a reason why one should not daven, even that of an enticing fragrance. Therefore, one may not daven when in the presence of people that one does not like. The Radbaz further suggests that just as there is a halacha that one will study Torah properly only when he is interested in the topic, a person will be able to concentrate in his davening only when he is praying where he is happy. For these reasons, the Radbaz rules that people who are not satisfied praying with the rest of the community are permitted to organize their own shul. However, he rules that it is within the community’s prerogative to ban the forming of other shullen, when this will harm community interests.

Berov am hadras melech

The Radbaz then discusses the halachic preference of berov am hadras melech, a large group of people (attending a mitzvah) honors the King (Rosh Hashanah 32b). This means that it is preferable that a large group of people daven in one shul, rather than split among several smaller shullen. The Radbaz concludes that, indeed, it is preferable for everyone to daven in the same shul but, when people will be unhappy, that factor permits them to open their own shul.

The Radbaz closes this discussion with the following:

“Do not interpret my words to think that I believe that dividing into different shullen is good. G-d forbid… However, we are required to try as hard as possible that everyone pray with a full heart to his Father in Heaven. If it is impossible to pray with a full heart when davening in a shul that one does not enjoy, and the people will constantly be arguing, having different shullen is the lesser of the two evils.”

An earlier authority, the Rivosh (Shu”t Harivosh #253) mentions the same ruling — individuals who want to establish their own breakaway minyan cannot be stopped, and that it is improper to prevent this. However, if the members of the existing shul claim that their shul requires the income or membership to keep going, one should examine whether the claim is truthful. If, indeed, it is, one should work out a plan that accommodates the needs of both communities. (See also Rema, Choshen Mishpat 162:7.)

Two shuls

At this point, we can now address the second of our opening questions: “Is it permitted to leave a shul to start our own?”

The short answer is that there are circumstances when this is permitted, although, in an ideal world, it is not preferred.

One shul

At this point, let us examine the first of our opening questions: “May we merge two existent shullen, when each has its own minhagim?”

The answer is that, because of the rule of berov am hadras melech, it is preferable to merge shuls into a larger entity, but, as I explained above, this will depend on circumstances (see also Shu”t Binyan Tziyon 1:122). If the members understand that it is a greater honor to Hashem to have a large shul with many people davening together, that is preferred.

Conclusion

Understanding how much concern Chazal placed in the relatively minor aspects of davening 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 high points — the three times that we daven. We should gain our strength and inspiration for the rest of the day from these three prayers.

The power of tefillah is very great. Man was created by Hashem as the only creation that has free choice. Therefore, our serving Hashem and our davening is unique in the entire spectrum of creation. Remember that we are actually speaking to Hashem, and that we are trying to build a relationship with Him. Through tefillah, one can save lives, bring people closer to Hashem, and overturn harsh decrees. We are required to believe in this power. One should not think, “Who am I to daven to Hashem?” Rather, we must reinforce the concept that Hashem wants our tefillos, and He listens to them!

Shul Building

Question #1: One shul

“May we merge together two existent shullen, when each has its own minhagim?”

Question #2: Two shuls

“Is it permitted to leave a shul to start our own?’

Question #3: Old shul

“In our town, almost everyone has moved away from the ‘old neighborhood,’ which has now, unfortunately, become a slum. The sprinkling of Jewish people still there can no longer maintain the shul. Are the people who used to live there still obligated to maintain the old shul building?”

Question #4: New shul

“We have been comfortably davening in different people’s houses, three times a day, seven days a week. Now, some individuals are clamoring that they want us to build a shul, which is a huge expense. Isn’t this chutzpah on their part, when we are all struggling to pay our mortgages?”

Introduction:

Our batei kenesiyos and batei midrashos, the buildings that we designate for prayer and for study, are referred to as our mikdash me’at, our holy buildings reminiscent of the the sanctity of the Mishkan and the Beis Hamikdash.

There is a halachic requirement to build a shul. To quote the Rambam (Hilchos Tefillah 11:1-2), Any place that has ten Jews must have available a building that they can enter to pray at every time of prayer. This building is called a beis hakenesses(synagogue). The members of the community can force one another to build a synagogue, to purchase a sefer Torah and books of the prophets and of the kesuvim. When you build a synagogue, you must build it in the highest part of the town… and you must elevate it, until it is taller than any of the courtyards in town.

We see from the words of the Rambam that it is not sufficient to have an area available in which one can daven when necessary – it is required to have a building designated specifically for this purpose, even if the shul will be empty the rest of the day (Shu”t Igros Moshe, Orach Chayim, 2:44). Rav Moshe Feinstein explains that a community is required to have a building designated to be their mikdash me’at.

Since it is a community responsibility to have a shul building, the minority of the membership of a community may force the majority to raise the money to build a shul (Rema, Choshen Mishpat 163:1). In earlier generations, communities had the authority to levy taxes on their members. Since building a shul is a community responsibility, they could require people to provide the funds necessary for this project.

Must we build a shul?

At this point, let us address one of our opening questions: “We have been comfortably davening in different people’s houses, three times a day, seven days a week. Now, some individuals are clamoring that they want us to build a shul, which is a huge expense. Isn’t this chutzpah on their part, when we are all struggling to pay our mortgages?”

The answer is that, not only is it not chutzpah on the part of those individuals, the halachic right is on their side. The community is required to have a shul, and it is unsatisfactory that the minyan takes place in a home that is not meant to be a beis tefillah. Therefore, individuals can certainly force the rest to build a shul.

I cannot resist telling over the following story from my experience as a shul rav. At one time, I was invited for an interview to a new shul that was located in an affluent area. I made a trip to meet the shul search committee, which was very interested in engaging me as their rav. They showed me the converted house that they were using as the shul, and mentioned that when they had renovated the building, they did so in a way that there would be an apartment in the building for the rav to use as his residence, since they did not have much money for a respectable salary. In their minds, since the rav could now save himself mortgage or rent money, that was a hefty part of what they intended for his salary.

I noted to them that in the position I had at the time, I could devote myself fully to rabbinic duties, something that would be quite impossible in the circumstances that they proposed. Their response was that although they understood my predicament, this was all they could afford, since most of their members were paying very huge mortgages for the zechus of living in this neighborhood. I made a mental note that none of them seemed to feel that the apartment part of the shul building that they were proposing was certainly nothing that any of them would consider suitable residential accommodations, nor would they consider the shul building representative of the high-class lifestyle that they had chosen for themselves.

How do we assess?

In earlier generations, the Jewish community had the ability to levy taxes and other fees on its membership. Virtually all Jewish communities had fairly strong authority over its membership because the community levied taxes and also was responsible for collectively paying taxes to the local monarch.

When assessing individuals for the construction of a local shul, do we charge according to people’s financial means, or does everyone share equally in the costs of the building?

The Rema rules that when raising the money for a shul, we take into consideration both the resources of the individuals and also who will be using the facility. Therefore, when assessing people for the building of a shul, the costs are allocated both according to the financial means and according to individuals. Thus, the wealthier members of a community will be paying a somewhat higher percentage of the costs.

Rent a shul

If the community does not have the resources to build or purchase a shul, they can force one another to put up enough money to rent a place (Mishnah Berurah 150:2)

Where not to rent

In a responsum in Igros Moshe (Shu”t Igros Moshe, Orach Chayim 3:25), Rav Moshe Feinstein was asked the following: There is no orthodox shul in town, and they have been davening in houses. Now, they want to rent space from a local conservative congregation. May they do so?

Rav Moshe prohibits this for two reasons:

1. This arrangement provides some credibility to the conservative congregation.

2. When people see the orthodox people entering or exiting the building of the conservative temple, they may think that these people are intending to pray in the conservative facility, which is prohibited. This involves the prohibition of maris ayin, doing something that may raise suspicion that one violated halacha.

Changing neighborhoods

Let us now address a different one of our opening questions: “In our town, almost everyone has moved away from the ‘old neighborhood,’ which has now, unfortunately, become a slum. The sprinkling of Jewish people still there can no longer maintain the shul. Are the people who used to live there still obligated to maintain the old shul building?”

This question was asked of Rav Moshe Feinstein (Shu”t Igros Moshe, Orach Chayim 3:28).

In the case that he was asked, the shul had already opened a new facility in a nicer area and, until this point, the expenses of the old shul were being covered from the budget of the new shul. However, the members no longer saw any gain from doing so, since it was only a question of time until the old shul would no longer be at all functional. They would like to close down the old shul and sell the building. Are they permitted to?

The general rule is that a shul is considered communal public property and, as long as it functions as a shul, no one has the right to sell or modify its use. This is because the “owners” of the shul include anyone who might visit the area and want to find a minyan in which to daven. This is true, providing that there are still minyanim that meet in the shul on a regular basis — they cannot sell the building or close it down (Shu”t Igros Moshe, Orach Chayim III #29).

In the case at hand, Rav Moshe rules that those who have moved out of the neighborhood of the old shul have no responsibility to pay for the upkeep or repairs of the shul building that they are not using. The fact that the community has been treating the two shul buildings as one institution does not change this. Rav Moshe then mentions that, since the old shul is in a bad neighborhood, they may have a responsibility to remove the sifrei Torah from the shul, and perhaps even the siddurim, chumashim and other seforim, in order to protect them. He concludes that, since those who still daven in the old shul have no means of their own to keep the shul going, it is permitted to shutter the shul building and sell it. He also mentions that, if the bank will foreclose on the mortgage and re-possess the building, this does not require them to continue paying the mortgage. Nor does the bank’s decision as to what it will do with the shul property after the foreclosure require them to continue paying the mortgage.

Regarding those who still live in the old neighborhood, Rav Moshe rules that they should conduct the minyanim in a house where the sifrei Torah and the other seforim will be secure (Shu”t Igros Moshe, Orach Chayim III #28).

An interesting teshuvah from Rav Moshe relates to a shul building that had been originally planned to have a lower level to use as a social hall, with the shul intended to be on the upper floor. They began to use the social hall for davening until they built the shul on top, but the neighborhood began to change, and it became clear that they would have no need to complete the structure of the building. They never finished the building, and instead, directed the efforts and finances toward purchasing a new shul in a neighborhood to which people were moving. The old shul, or, more accurately, the “social hall” part of the old shul building, is at the stage where there is barely a minyan left, and the dwindling numbers imply that it is not going to be very long until there is no functioning minyan. The question is that they would like to sell the old building and use the money to complete the purchase of the new building. Furthermore, the mikveh in the town is now in a neighborhood to which women are hesitant to travel, so they want to use the funds from the old shul building to defray the construction costs of a necessary new mikveh.

Because of the specific circumstances involved, including that it is unlikely that people from the outside will drop in to daven in this minyan anymore, Rav Moshe rules that they are permitted to sell the building. A similar responsum from Rav Moshe was when they needed to create a shul in a neighborhood where there was a good chance that the Jewish community there would not last long. Rather than declare their building a shul, they called it a library and used it as their shul. Rav Moshe suggests that this was a good suggestion, since they knew from the outset that the days of the Jewish community were numbered (Shu”t Igros Moshe, Orach Chayim, 2:44).

We will continue this article next week…

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