Knotty Situations

clip_image002Mrs. Goldstein ties her tichel on Shabbos the way her mother always did. Her son Yankie explains that she should not tie or untie her tichel this way since it is a double knot. Must Mrs. Goldstein tie her tichel differently? And may she untie the knot that is holding the tichel on her head?

Yankie’s older brother, Reuven, returns from yeshivah and tells his mom that it is okay to tie the baby’s shoes with a double knot. Mom has never done this, always assuming that one cannot tie a double knot on Shabbos, even though baby Rivka’s shoes almost never stay tied on Shabbos as a result. Of course, Yankie does not miss the opportunity to disagree with Reuven and emphasize that one may not tie the shoes on Shabbos just as one may not tie the tichel.

What’s a mother to do?

She calls the Rav, who begins to explain….

As we see, these and many other shailos in regards to knots affect our weekly observance of Shabbos. We must learn these halachos thoroughly to be certain that we are keeping Shabbos correctly.

Tying and untying knots are two of the 39 melachos prohibited on Shabbos. Several types of knots were tied in the course of constructing the mishkan, which is our source for what is forbidden on Shabbos. For example, it was necessary to tie and untie the nets used to catch the chilazon that provided the techeiles dye. Also, the weavers of the mishkan curtains had to tie knots whenever a thread tore (Gemara Shabbos 74b).

KNOTTING MIN HATORAH

The Mishnah and Gemara teach that some knots are prohibited min haTorah, others are prohibited midirabbanan, while others are completely permitted. They also state that any knot that may not be tied may not be untied either. If tying it involves a Torah prohibition, then untying it is forbidden min haTorah (Mishnah Shabbos 111b). If tying the knot is only midirabbanan, then untying it is midirabbanan. If one is allowed to tie a particular knot, one may also untie it (Rambam Hilchos Shabbos 10:7).

Although several examples of prohibited and permitted knots are mentioned in the Mishnah and Gemara, exactly what defines a “prohibited knot” is never discussed. This issue is left for the Rishonim to discuss, who have two approaches to define the issue, that of Rashi and that of the Rif.

RASHI’S DEFINITION

Rashi and most Rishonim contend that it is prohibited min haTorah to tie a permanent knot, it is prohibited midirabbanan to tie a semi-permanent knot, and that it is permitted to tie a temporary knot.

But where does one splice between a prohibited semi-permanent knot and a temporary knot that is permitted? Although there are different opinions concerning this, everyone agrees that Rashi permits tying any knot that will be untied within 24 hours from when it is tied (Beis Yosef 317). A knot of such short duration is considered temporary and is permitted (Mishnah Berurah 317:6, quoting Pri Megadim).

On the other hand, everyone agrees that Rashi forbids tying a knot that remains for a week or more. This is long enough to be considered semi-permanent and tying it on Shabbos was prohibited by Chazal.

What Poskim dispute is whether Rashi permits tying a knot meant to last more than 24 hours but less than a week, some viewing this knot as semi-permanent and others viewing it as temporary (Rama 317:1). One may follow the lenient opinion under extenuating circumstances (Biyur Halacha 317:4 s.v. she’einam kevuim).

JUMPROPES AND SHOELACES

Thus, according to Rashi, tying two lengths of jump rope together to make a longer jump rope may be prohibited min haTorah since one might leave the knot permanently. Tying a knot attaching a boat to a pier is prohibited midirabbanan since it may be left for a long period of time. It is not prohibited min haTorah since it will definitely be untied eventually (Gemara Shabbos 111b with Rashi). One may tie shoes since they will be untied later the same day. (It should be noted that one may not put a new shoelace into a shoe on Shabbos because it is considered completing a vessel, see Magen Avraham 317:7).

RIF’S DEFINITION

The Rif and Rambam present a different approach why one may tie some knots on Shabbos but not others. In their opinion, a knot that is permanent is prohibited min haTorah only when it is a type of knot that a craftsman would tie, called a “kesher uman.” A permanent knot that would not be used by a craftsman is only midirabbanan. In addition, a knot that a craftsman would tie but is not permanent is also only midirabbanan, whereas a knot that is neither permanent nor used by a craftsman is totally permitted.

In the Rif’s opinion, there is no intermediate category for semi-permanent knots. According to most interpretations, he considers any non-permanent knot as temporary even if it remains tied for a long time. Thus, tying a knot and leaving it for several months will be permitted so long as it is not a craftsman’s knot according to these interpretations of the Rif’s opinion (Pri Megadim; Aruch HaShulchan 317:3; Avnei Nezer #178; Mishnah Berurah 317:5; However, compare Taz 317:1 and Graz 317:2).

Furthermore, according to this approach, tying a craftsman’s knot with intent to untie it after several months will only be midirabbanan according to the Rif because it isn’t permanent.

WHAT NOT TO KNOT

Here are some examples of knots that are prohibited min haTorah. In the time of the Mishnah, boatmen would tie a knot at the prow of a boat or ship that was never removed. Such a knot is prohibited min haTorah on Shabbos. According to Rashi, this is because the knot is permanent while according to the Rif it is only forbidden min HaTorah because of the additional factor that it is tied by trained boatmen.

Similarly, knots tied by shoemakers or sandal makers of Talmudic times were prohibited min haTorah (Gemara Shabbos 112a), since they were tied permanently (and according to the Rif because they were also craftsmans’ knots).

Tying knots of tefillin and tzitzis is a Torah violation since these are craftsman’s knots and permanent (Gemara Eruvin 96b; Shabbos 131a). Tightening the knots of one’s tzitzis may also violate a Torah prohibition.

Suturing stitches is prohibited min HaTorah because the knot tied after each stitch is a permanent skilled knot (Nimla Tal Kosheir #16). Therefore, whenever possible, a non-Jew should perform this suturing on Shabbos (see Rama 328:12).

WHAT KNOT TO KNOT

According to both Rashi and the Rif, one may tie a knot that will be untied within 24 hours. Thus according to all opinions, one may tie a gartel on Shabbos or the belt on a bathrobe or any other garment that is usually untied when the garment is removed. Similarly, a woman may tie her tichel in place because a woman always unties this knot when she removes it so that she does not dishevel her hair.

MAY I KNOT THIS KNOT?

In conclusion, there are three disputes between Rashi and the Rif.

PERMANENT, BUT NOT CRAFTY

1. According to Rashi, a permanent knot is prohibited min HaTorah even if it isn’t a craftman’s knot, since permanence is the only criterion for the Torah’s prohibition. However, the Rif will consider such a knot to be prohibited only midirabbanan if it is not a craftsman’s knot.

We should note that a knot that will never be untied is considered permanent even if one does not need the knot anymore. Rashi explains that the knot used to bind the aravos and hadasim to the lulav is considered permanent since one never bothers to untie it. This is true even though this knot will not be needed for more than a few days and then the lulav will be discarded.

Thus, knotting a bag of garbage on Shabbos violates a Torah prohibition according to Rashi since the knot will never be untied (see Rashi Sukkah 33b), whereas according to the Rif it is only midirabbanan unless one used a craftsman’s knot.

SEMI-PERMANENT, BUT NOT CRAFTY

2. We mentioned that tying a semi-permanent non-craftsman’s knot is prohibited according to Rashi, but permitted according to the Rif. Therefore, Rashi would prohibit tying a plastic bag with a simple single knot that is meant to last for more than a week (and possibly even for more than a day) since this knot is semi-permanent although it is certainly not a craftsman’s knot. The Rif would permit this since it is neither a craftsman’s knot nor a permanent knot.

However, we should note that the exact definition of a “craftsman’s knot” is uncertain. Because of this question, some poskim rule that one should not tie any knot very tightly even though one intends to untie it shortly (Shiltei HaGibborim).

CRAFTY AND TEMPORARY

3. A temporary craftsman’s knot is prohibited according to the Rif, albeit only midirabbanan, but is permitted according to Rashi (who considers a craftsman’s knot no different from any other knot). Thus, securing a rope in order to rappel down a hill is prohibited midirabbanan according to the Rif since one would certainly use a craftsman’s knot for this purpose. Rashi permits tying this knot if one intends to untie it after a few hours.

HOW TO WE PASKIN?

Most poskim rule that we should be stringent like both opinions (Rama 317:1). Therefore, one may not tie a craftsman’s knot even if it is temporary (even though Rashi permits this), and it is also prohibited to tie a semi-permanent knot even if it is not a craftsman’s knot (and would be permitted according to the Rif). Therefore, one may not knot a bag closed with a semi-permanent knot, nor may one tie a craftsman’s knot even for a few hours’ use.

Under extenuating circumstances, one may tie or untie a temporary knot even though it qualifies as a craftsman’s knot and rely on Rashi, or tie a non-permanent knot that is not a craftsman’s knot and rely on the Rif (Maamar Mordechai; see Avnei Nezer #178:6). In both of these situations the dispute is only whether tying the knot involves an issur dirabbanan. Although we usually rule stringently, as explained above, in an extenuating situation one may rely on the lenient opinion.

INTERIM SUMMARY OF KNOTS

We have learned that one may not tie a permanent or semi-permanent knot or a craftsman’s knot, and also that one may not tie one tight knot on top of another.

For the remainder of this discussion, see Knotty Situations II.

 

Hatzalah and Radios

clip_image002In a different article, I explained that one must desecrate Shabbos even if there is only a slight possibility of pikuach nefesh, a life-threatening emergency. One does not need a professional opinion that the situation is dangerous – on the contrary, if a lay person is uncertain whether the situation is dangerous or not, one desecrates Shabbos first and asks questions later (Shu”t Tashbeitz 1:54). Furthermore, the rav of a community and the halachic media are responsible to publicly teach these halachos so that people know them thoroughly. If people ask what to do, it indicates that the rav has been negligent in teaching these halachos (Yerushalmi, Yoma 8:5 and Korban HaEidah ad loc.). To quote Shulchan Aruch (Orach Chayim 328:2): “It is a mitzvah to desecrate Shabbos for a dangerous illness. He who does so swiftly is praised; the person who asks what to do is a shedder of blood!” Shulchan Aruch (Orach Chayim 328:13) reiterates, “Whoever is swift in desecrating Shabbos in a matter that involves danger is praised!

Please note that this rule applies equally on weekdays! If someone is uncertain whether a particular situation is life threatening or not, he/she must immediately seek proper medical attention. Delaying might be bloodshed!

This is the basic reason for the creation of Hatzalah; experience has proven that those motivated to save lives because of their devotion to mitzvos act much swifter and more devotedly than official emergency squads. Those curious to research Rav Moshe Feinstein’s instructions to Hatzalah will enjoy reading Shu”t Igros Moshe, Orach Chayim 4:80 and 5:25.

THE HATZALAH RADIO ON SHABBOS

As mentioned above, in every situation of pikuach nefesh one is required to act as swiftly as possible to save lives. Therefore someone responding to a call that might involve a life threatening situation must bring along his radio in case he needs to summon an ambulance or other assistance. The question that we are discussing here is whether one may carry or wear a Hatzalah radio when no emergency exists in order to be available should the need arise. This involves shaylos of muktzah and carrying on Shabbos.

IS A RADIO MUKTZAH? MAY ONE CARRY IT ON SHABBOS?

Of course, everyone’s immediate reaction is, “Of course, a radio is muktzah and may not be moved on Shabbos.” However, although it is definitely true that one may not move a radio on Shabbos for no purpose; carrying a Hatzalah radio may be permitted on Shabbos as I will explain. To understand this question, we first need an introduction to the basic laws of muktzah.

THE ORIGINS OF MUKTZAH

In the period of the construction of the second Beis HaMikdash, Nechemiah noticed that many Jews were extremely lax in Shabbos observance. In his own words, “In those days, I saw people in Judea operating their winepresses on Shabbos and loading their harvest on donkeys; and also their wine, grapes, and figs and all other burdens; and transporting them to Yerushalayim on Shabbos… the Tyrians would bring fish and other merchandize and sell them to the Jews” (Nechemiah 13:15-16). Nechemiah then describes how he succeeded in closing the city gates the entire Shabbos in order to keep the markets closed.

To strengthen Shabbos observance, Nechemiah established very strict rules concerning which utensils one may move on Shabbos. These rules form the foundation of the halachos of muktzah (Gemara Shabbos 123b). Initially, he prohibited using and moving virtually all utensils, excluding basic eating appliances such as table knives. We will call this Nechemiah’s “Original Takanah.” By prohibiting the moving of items even indoors he reinforced the strictness of not carrying outdoors on Shabbos (Gemara Shabbos 124b; Raavad, Hilchos Shabbos 24:13). Furthermore, the laws of muktzah shield people from mistakenly performing forbidden activities with these tools. In addition, these laws create a Shabbos atmosphere that is qualitatively different from the rest of the week even for an individual whose daily life includes no manual activity (Rambam, Hilchos Shabbos 24:12-13).

As the Jews upgraded their Shabbos observance, Nechemiah gradually relaxed the rules of muktzah, permitting limited use of some tools on Shabbos. These were Nechemiah’s Second Takanah, Third Takanah, and Fourth Takanah, the details of which the Gemara discusses (Shabbos 123b). Eventually, Nechemiah established rules whereby one may move and use most utensils on Shabbos when necessary, whereas objects that one would never utilize on Shabbos remained prohibited (except for unusual circumstances such as danger). When discussing the halachos of muktzah as they apply today, I will refer to Nechemiah’s “Final Takanah.”

THE CATEGORIES OF MUKTZAH

Nechemiah’s Final Takanah established four distinct categories:

1. Non-muktzah: Items that one may move without any reason whatsoever. This category includes food, sifrei kodesh and, according to many authorities, tableware (Mishna Berurah 308:23) and clothing (see Shitah La’Ran, Shabbos 123b s.v. Barishonah). Nechemiah never included these items even in his original, very strict Takanah, because they are in constant use.

2. Kli she’me’lachto l’heter is a utensil whose primary use is permitted on Shabbos, such as a chair or pillow. One may move this utensil if one needs to use it, if it may become damaged, or if it is in the way. (The Gemara calls this last case l’tzorech m’komo, literally, to use its place.) I may not move a kli she’me’lachto l’heter without any reason or even to help me perform a task I could perform without any tool (Gemara Shabbos 124a; Shaar HaTziyun 308:13). (I find that people are often surprised to discover this halacha.)

3. Kli she’me’lachto l’issur is a tool whose primary use is forbidden on Shabbos, such as a hammer, saw, or needle. One may move these items only if they are in the way or if one has a Shabbos-appropriate purpose for them, such as using a hammer to crack open a coconut or a needle to remove a splinter (Mishnah Shabbos 122b and Gemara Shabbos 124a). (However, one should be careful not to intentionally cause bleeding [Magen Avraham 328:32; see also Biur Halacha 308:11] and one may not sterilize the needle first [see Rambam, Hilchos Shabbos 12:1].) One may remove a kli she’me’lachto l’issur that was left on a table, counter, or chair, if one needs to put something else there. However, under normal circumstances, one may not move a kli she’me’lachto l’issur if one is concerned that it may become damaged where it was left. Nevertheless, if one knows that he will need to use a kli she’me’lachto l’issur later that day and is afraid that it will be stolen, broken or ruined and unusable by then, he may save it (Tehillah LeDavid 308:5). This is because making sure that it is available for later use is considered using it.

4. Completely Muktzah. These are items that one may not move at all under normal circumstances. For our purposes, we will subdivide this category into two general sub-categories:

4A: Items that do not qualify as utensils or food at all, such as money, living animals, sticks and stones.

4B: Utensils that one has no reason to move on Shabbos, such as merchandize that one intends to sell.

4C: A possible third category:

According to many authorities, another category of muktzah utensils includes utensils whose use is only for prohibited purposes on Shabbos. In other words, one may move a kli she’me’lachto l’issur only when this specific utensil has an occasional use that is permitted on Shabbos, such as a hammer, which someone might use to open a coconut, or a pot, which although primarily used to cook food, is also used to store food after it is cooked. However, some poskim prohibit moving a candle on Shabbos, although it is halachically considered a “utensil,” since it is not suitable for any permitted use on Shabbos at all. These poskim contend that this type of utensil is considered muktzah and may not be moved even if it is in the way (see Pri Megadim, Aishel Avraham 279:12; Aruch Hashulchan 279:1; based on Tosafos, Shabbos 36a s.v. Ha Rabbi Yehudah and Baal HaMaor, Shabbos 154b). However, other poskim consider a candle and any other utensil to not always be muktzah, contending it may be moved if it is in the way or it has a Shabbos purpose (Magen Avraham 308:18; based on Rashba, Shabbos 154b).

DIFFERENCES BETWEEN KLI SHE’ME’LACHTO L’HETER AND SHE’ME’LACHTO L’ISSUR

After Nechemiah’s later takanos, both kli she’me’lachto l’heter and kli she’me’lachto l’issur have an interesting status: sometimes they are muktzah and sometimes not, depending on why one wants to move them. Both a kli she’me’lachto l’issur and a kli she’me’lachto l’heter may be moved if one needs the use of the appliance.

There are several halachic differences between a kli she’me’lachto l’issur and a kli she’me’lachto l’heter, most of which are not germane to our discussion about Hatzalah radios. However, there is one halachic distinction that is germane, as we will see: One may carry a kli she’me’lachto l’heter early in the day even though he does not anticipate needing it until much later that day (Taz 308:2). This is considered as using the kli. On the other hand, a kli she’me’lachto l’issur may only be picked up when one actually needs to use it (with the exception of when one is concerned that it may be broken or stolen as I mentioned earlier).

WHAT IS A RADIO?

Having explained the different categories of muktzah, under which category does a Hatzalah radio fit?

Clearly it does not fit into the first category of items that are excluded from the laws of muktzah and may be moved without any reason.

One could conceivably categorize a Hatzalah radio under the category of items that have no purpose on Shabbos since a radio under normal non-pikuach nefesh circumstances is not used on Shabbos. One who holds this way would still permit carrying the radio when there is an emergency; the shaylah is only whether one may carry the radio when there is no emergency.

It is far more likely that we should consider a Hatzalah radio either kli she’me’lachto l’issur because its typical use is prohibited on Shabbos or as a kli she’me’lachto l’heter because realistically one may need it on Shabbos. (One might categorize a Hatzalah radio as similar to a bris milah knife, which is usually considered muktzah, yet many poskim rule that it is not muktzah if the mohel has a bris to perform on Shabbos.) I want to point out that according to both of these approaches, one may carry the Hatzalah radio when one may need to use it, and one may move it if it may become stolen or broken and he may need it later today.

Also, as all Hatzalah volunteers know, one may only use the radio on Shabbos when a potential pikuach nefesh emergency exists and only to the extent necessary for the emergency.

ANTICIPATING EMERGENCIES

Until this point I have been discussing to what extent the Hatzalah radio is muktzah. We have not yet discussed whether wearing the radio is considered carrying and therefore forbidden outside an eruv when no emergency exists. In a future article I hope to address the question of whether one may supersede violations of the Torah because of the possibility that a pikuach nefesh situation may develop. For now, we will simply analyze whether one may wear a Hatzalah radio in a place that is not enclosed by an eruv.

CARRYING THE RADIO ON SHABBOS WHERE THERE IS NO ERUV

The Mishnah (Shabbos 63a) records a dispute between Rabbi Eliezer and the Chachamim whether one may carry weapons on Shabbos when there is no pikuach nefesh to carry them. Rabbi Eliezer rules that a man may carry a weapon outside an eruv on Shabbos because he considers it a tachshit, decorative attire. Although weapons are not inherently nice looking, since men wear weapons as a sign of importance they are considered tachshitin. The Chachamim disagree, noting that in the days of Moshiach men will no longer ornament themselves with weapons; therefore, they are not inherently tachshitin (Gemara Shabbos 63a). The Chachamim rally support to their approach from a famous pasuk, “And they shall pound their swords into plowshares, and their spears into pruning hooks (Yeshaya 2:4),” demonstrating that in the times of Moshiach weapons will be meaningless. If weapons were indeed tachshitin, men in the Moshiach era would not destroy them.

In a teshuvah addressed to Hatzalah, Rav Moshe Feinstein (Shu”t Igros Moshe, Orach Chayim 4:81), permits Hatzalah members to wear radios on Shabbos clipped to their belts. Rav Moshe contends that one sees from the above-quoted Gemara that an item might be a tachshit even though it is not a garment and has no real aesthetic function, but is worn to show prominence. Although the Chachamim disagreed with Rabbi Eliezer’s ruling that a weapon is a tachshit, this is because they proved from the pasuk that weapons do not show inherent importance since they will have no value after Moshiach. However, a different item that shows importance, or is an identification of one’s profession, is considered a tachshit and may be carried on Shabbos, even according to the Chachamim. Rav Moshe contends that the Hatzalah radio shows that the wearer is involved in this important mitzvah of saving lives and is a badge of honor; it therefore qualifies as a tachshit. Similarly, according to Rav Moshe, a physician or medical student may walk the streets with a stethoscope draped around his or her neck since it is a sign of that he/she is qualified to practice a well-respected profession.

Others disagree with Rav Moshe’s comparing the Hatzalah radio to a weapon, contending that a weapon is indeed sometimes worn as a tachshit, as in the wearing of a military dress uniform in which a sword is part of the attire. However, Hatzalah volunteers do not wear the radio as an ornament (Rav Shimon Schwab).

Some rabbonim suggested a different approach to transport the Hatzalah radio, by making it part of one’s functional garment. To fulfill this approach, a Shabbos belt was designed in which the radio actually held the belt together. When removed the belt would fall off; thus, these rabbonim hold that this is a permitted method of carrying the Hatzalah radio (Nishmas Avraham, 5:175).

Others feel that since the radio is not really usually part of the belt, but is a separate valuable piece of equipment, including it in a belt as described above does not make it part of the belt (Rav Yehoshua Neuwirth; see Shemiras Shabbos KeHilchasah 18:33). They would require a different means of transporting a radio on Shabbos, although they may agree to Rav Moshe’s psak that it may be clipped in the normal fashion to one’s belt.

Thus, the result is that one chapter of Hatzalah allows, or even insists, that its members wear radios clipped in the usual fashion on Shabbos, whereas others may insist that their members wear their radios in a “Shabbos belt.” All rabbonim and chapters agree that when following up an emergency the Hatzalah volunteer may carry his radio and must do so if it is necessary for the emergency.

Certainly each Hatzalah chapter should follow the instructions of its local rabbonim. As I mentioned earlier, the critical point to remember when faced with a Shabbos emergency that is beyond one’s expertise is to act first and ask questions later, and follow the instructions of those who are more medically knowledgeable.

The author thanks his brother, Rav Yehoshua Kaganoff of Passaic, NJ, as the source for many of the halachic opinions quoted in this article.

Only the Choicest of Wine – What’s Best for Kiddush and Arba Kosos?

clip_image002Yankel enters my study, with one of his inquisitive looks on his face.

“Rabbi,” he begins, “I have heard that it is best to use red, non-pasteurized wine at the seder. However, my father-in-law likes Chablis, which is a white wine, and my mother-in-law never drinks any wine. The grape juice she likes is from concentrate, and someone told me that one cannot use it for kiddush. What should I do?”

Knowing that Yankel likes very complete explanations, I prepared myself for a lengthy conversation.

“Let us divide your shaylah into its four constituent parts: Color, cooked (mevushal), alcohol, and concentrate. We’ll discuss each part of the shaylah separately and then we’ll see what is preferable to use.”

RED OR WHITE

The Gemara (Bava Basra 97b) quotes the following discussion: Rav Kahana asked Rava “May one use chamar chivaryin, white wine.” Rava answered him by quoting a pasuk in Mishlei (23:31), “Do not pay attention to how red your wine becomes,” (meaning focus your life on permanent, spiritual values and not on the transient and physical). The pasuk implies that the redder the wine, the better its quality.

This Gemara, which is discussing the requirements of wine for kiddush and other mitzvos, implies that one may not use white wine for kiddush, and indeed this is the way the Ramban rules (ad loc.). However, Rashbam concludes that the Gemara is discussing only whether white wine is kosher for nisuch (libation) on the mizbeiach, but it may be used for kiddush. Others reach the same conclusion that our white wine is acceptable for kiddush, but for a different reason. They contend that the Gemara is not discussing quality white wine, but inferior wine that has no color at all (Tosafos). (White wine is always light-colored or yellowish.) According to this opinion, quality white wine is acceptable even for the mizbeiach.

The halacha is that one should preferably use a red wine unless the white wine is better quality (Rama 472:11; Mishnah Berurah 272:10). At the seder, there is an additional reason to use red wine, because it reminds us of Pharaoh’s slaughter of Bnei Yisroel (Mishnah Berurah 472:38). Therefore, if one chooses to use white wine, some suggest mixing red wine into the white wine to give it a little red color (Piskei Tshuvos 472:10). When mixing the wine, it is preferred to pour the red wine into the cup first and then add the white. If one adds red wine to white wine he will color the white wine, which is prohibited on Shabbos and Yom Tov according to some poskim because of the melacha of tzove’a, dyeing or coloring (see Mishnah Berurah 320:56).

MEVUSHAL (Cooked)

Cooking wine harms it, and cooking grape juice affects its ability to ferment naturally. Indeed, some winemakers never pasteurize the juice from which they produce their wines because heating compromises the taste. For these reasons, halacha views wine that is mevushal as inferior, and this has several ramifications. The prohibition not to use wine touched by a gentile, stam yeinam, does not exist if the wine was mevushal before the gentile handled it (Gemara Avodah Zarah 30a). This is because no self-respecting idolater would consecrate cooked wine to his deity (Rambam, Hilchos Maachalei Asuros 11:9; cf. Rosh, Avodah Zarah 2:12 who explains the halacha somewhat differently).

Similarly, one may not pour cooked wine as a libation for a korban. Some poskim contend that mevushal wine is so inferior that one does not recite hagafen on it but shehakol, and that it is invalid for kiddush and arba kosos (see Tosafos Bava Basra 97a s.v. ileima; Tur Orach Chayim, Chapter 272). Although we recite hagafen on mevushal wine and rule that it is kosher for kiddush and arba kosos (Shulchan Aruch 472:12), one should try to use uncooked wine unless the mevushal wine is superior (Rama 272:8; Mishnah Berurah 472:39).

There is one situation where one must use mevushal wine, and that is when gentiles might handle open bottles of wine. This is why most hechsherim insist that all wine served in restaurants and at catered events be mevushal.

Incidentally, almost all bottlers in North America pasteurize their juice before bottling. Commercial pasteurization of juice products is usually at about 180° Fahrenheit.

BUT I HEARD THAT PASTEURIZATION DOES NOT NECESSARILY EQUAL BISHUL?

The early poskim state that heating wine until it begins to evaporate makes it mevushal (Shach, Yoreh Deah 123:7, quoting Rashba and Ran). How hot is this temperature? Rav Moshe Feinstein ruled that 175° Fahrenheit is definitely hot enough to be considered mevushal (Igros Moshe, Yoreh Deah 2:52; see also 3:31), although some poskim contend that wine must be heated to a much higher temperature (see Darchei Teshuvah, Yoreh Deah 123:15; Minchas Shlomo 1:25). Because of this dispute, some hechsherim rule that only wine and grape juice that is heated until boiling is considered mevushal, whereas others consider all commercially available grape juice as mevushal.

However, some poskim contend that the laws of mevushal wine do not apply to contemporary pasteurized juice since the processing is made in a way that the wine does not taste inferior (Shu”t Minchas Shlomoh 1:25). Thus, one could use wine made from pasteurized juice or pasteurized juice without any concern, but one should not use wine that was cooked after fermentation which definitely tastes inferior. According to this opinion, a gentile touching pasteurized wine or grape juice will make it prohibited.

At this point in my monologue, Yankel interjected a question:

“I am not sure if I understood you correctly. If grape juice is usually pasteurized, then according to Rav Moshe’s psak, it is all mevushal. And, since one should preferably not use mevushal wine, one should not use grape juice for kiddush or arba kosos?”

“That is correct,” I responded. “Actually, there is also another reason why it is preferable to use wine for arba kosos.”

WINE VS. GRAPE JUICE

One may use freshly pressed grape juice for kiddush, even though it contains no alcohol (Gemara Bava Basra 97b). However, one should preferably not use grape juice for the seder as I will explain.

In the time of the Gemara, wine was so strong that people diluted it with three parts water (per one part wine) before using it for kiddush and other mitzvos. The Gemara teaches that someone who drank the wine without dilution fulfills the mitzvah of drinking four cups of wine, but does not fulfill the mitzvah of cheirus, freedom (Pesachim 108b). This is because the complete mitzvah of arba kosos requires drinking wine with a pleasurable amount of alcohol. This undiluted wine is too strong and not pleasurable. We derive from this Gemara that wine is better for the seder than grape juice, because the alcoholic content of the wine provides the element of cheirus.

However, someone who cannot drink wine may fulfill the mitzvah of arba kosos with grape juice.

Yankel interjected another question. “My mother-in-law never drinks wine the rest of the year. If I tell her that she should drink wine, she will do it because of the mitzvah. How much wine must she drink?”

“She can use a small cup that holds exactly a revi’is of wine with very low alcohol content or even mix wine and grape juice in the cup so that one can barely notice the alcohol and she will fulfill this mitzvah,” I replied. “The poskim dispute how much is a revi’is, with different opinions ranging from three ounces to five ounces. This the minimum amount of wine for each of the four cups. She is required to drink only a little more than half the cup, although it is better if she drinks the entire cup. She should drink the entire last cup in order to recite the bracha acharonah.”

RECONSTITUTED GRAPE JUICE

Reconstituting grape juice involves evaporating at least 80% of the water that is naturally part of the juice, and then later adding water back. (Juice is concentrated and then reconstituted because it saves tremendous amounts of shipping and storage costs, and because the concentrate has a longer shelf life.) It is important to note that the concentrate is not drinkable before adding water.

Rav Shlomo Zalman Auerbach has a lengthy tshuvah whether reconstituted grape juice may be used for kiddush and whether its correct bracha is shehakol or hagafen. The basis of his discussion follows:

The correct bracha on all beverages except wine is shehakol. Wine merits a unique bracha because it is special in that it “makes man and Hashem happy” (see Mishnah and Gemara Berachos 35a). Men appreciate the intoxicating properties of wine, and in addition, it is the only liquid that the Torah commands us to pour on the mizbeiach every day. (Water, the only other liquid ever poured on the mizbeiach, is only poured on the mizbeiach during Sukkos.)

Grape juice does not have all of these qualities since it does not contain any alcohol. However, since it can potentially become wine, it merits the special bracha of hagafen and may be used for kiddush.

Rav Shlomo Zalman posed the following question: Do we consider natural grape juice as a mixture of the tasty part of the grape and plain water, or do we make no distinctions and consider grape juice as a mixture of everything inside the grape?

Obviously, everyone will conclude that grape juice is what grows inside the grape. Although natural juice is over ninety percent water, the water that grows inside the grape is considered grape juice, not water. However, water added to concentrate does not metamorphose into juice but remains water. Thus, he rules that the finished product is concentrate mixed with water and not pure grape juice.

“I understand that the water in a cup of reconstituted grape juice should not be counted and therefore you should not use it for kiddush,” Yankel interjected. “But I don’t see why there is a shaylah what bracha to make since you are tasting and drinking natural grape juice?”

“Good question,” I responded. “However, Rav Shlomo Zalman points out that the concentrate may not be considered grape juice since during the processing it becomes undrinkable. Therefore, the juice is no longer a prize beverage that warrants its own unique bracha, nor can it potentially become wine. This is why Rav Shlomo Zalman conjectures that even after the juice is reconstituted, its bracha may be shehakol, not hagafen (Minchas Shlomoh #4). Although some poskim disagree with Rav Shlomo Zalman’s conclusions, it is advisable not to use reconstituted juice for kiddush and arba kosos (Shu”t Minchas Yitzchok 8:14; ViZos HaBeracha pg. 116; Piskei Tshuvos, 272:2).

Yankel had one more question. “I was told that one should not drink a new wine during the seder meal that was not on the table at the beginning of the seder. Is this true, and if so, why?”

“Answering this question requires an introduction,” I responded.

HATOV VEHAMEITIV

When there is one wine on the table and the host serves another variety of wine, Chazal instituted a special bracha called “Hatov vehameitiv.” This bracha demonstrates our appreciation of the increased joy brought about by having varieties of wine (Mishnah Berurah 175:2). (Some authorities explain that the reason for this bracha is the exact opposite. To make sure that the additional wine does not cause too much frivolity, we recite a bracha that reminds us of the destruction of Beitar when the Romans crushed the Bar Kochba rebellion [Kad HaKemach]. Chazal instituted the fourth bracha of bensching, which is also called “Hatov vehameitiv,” when the Jews finally received permission to bury the thousands of people killed. Thus, the bracha on the new wine reminds us of the bracha recited because of that tragedy.)

Someone who brings out a new bottle of wine in the middle of the seder should technically recite the bracha of hatov vehameitiv. However, many poskim contend that reciting an extra bracha on a cup of wine makes it appear that one is adding another cup to the four that Chazal instituted (Maharil, as explained by Mishnah Berurah 175:2). Therefore, they ruled that one should not bring out a new variety of wine during the seder meal.

Yankel prepared to leave. “So which wine is choicest?” I asked him.

“One should drink a red wine that has never been cooked. However, if a white or cooked wine is better, one should use the better wine. Someone who does not like wine may mix grape juice with wine as long as they can still taste the alcohol, but they should not use reconstituted grape juice.”

“May we all have a Yom Tov of freedom and celebration!”

This is the Way We Bake Our Bread! – Some Practical Questions about Hilchos Challah

clip_image002Shaylah #1: Mrs. Ginsburg calls me with the following question:

“I like to separate challah with a bracha, but I do not have a bowl big enough to hold the minimum amount of dough necessary. Instead, I have been mixing the dough in two bowls, and draping a cloth over them. Someone told me that this is not a satisfactory method of combining the doughs and that I have been reciting invalid brachos as a result. What is the correct way to separate challah?”

Shaylah #2: Mrs. Bracha, Mrs. Ginsburg’s friend, was curious why Mrs. Ginsburg was trying to combine her two doughs. “After all, let her just ‘take challah’ on each bowl separately. Why all this hassle?” Which of the two good ladies is correct?

Shaylah #3: In preparation for Shalach Manos, Mrs. Lowenstein is baking her challahs in small batches and placing them in her freezer. Should she separate challah from them?

AM I BAKING CHALLAH OR “TAKING” CHALLAH?

In the last question, I used the word challah to mean two completely different things – our special Shabbos bread, and the consecrated portion that we separate from dough. Indeed a very strange misnomer has occurred in both Yiddish and English that often creates confusion. Whenever someone mixes a large dough or batter intending to bake it, he or she is required to separate a special portion called challah. In the time of the Beis HaMikdash, a generous portion was separated from each dough and given to a kohen. Only a kohen or his family and only when they were tahor could eat the challah, which had special sanctity. Today, since we are all tamei and cannot rid ourselves of this tumah, no one may eat the challah; therefore we separate a small piece, which we burn or dispose of respectfully.

On the other hand, the word challah also came to refer to our special Shabbos bread . To avoid confusion, I will refer to the special Shabbos bread as “bread,” rather than challah, and the word “challah” will refer to the consecrated portion separated from dough or bread to fulfill the mitzvah.

Indeed, it is a very important mitzvah for a woman to bake bread for Shabbos, rather than purchase it from a bakery (Bi’ur Halacha, Orach Chayim 242 s.v. vehu), and it is an even bigger mitzvah to bake enough to separate challah with a bracha (Rama, Orach Chayim 242). However, as we will see in discussing the questions raised above, these mitzvos can sometimes become complicated.

The Torah teaches us the mitzvah of challah in Parshas Shlach (Bamidbar 15:18-21). I quote some of the pasukim:

(18) Speak to the children of Israel and say to them, upon your entry to the land that I am bringing you there.

(19) And it will be when you eat from the bread of the land, that you should consecrate a special portion for Hashem’s sake.

(20) The first of your kneading bowls is challah; you should consecrate it just as you consecrate part of your grain.

Note that Pasuk 19 refers to separating challah when you eat bread, whereas Pasuk 20 mentions taking challah from your kneading bowls. This leads us to a question: Why does the Torah tell us to separate challah from bread if we already separated challah when we were kneading it? The two references imply that sometimes we must separate challah when kneading dough, whereas at other times we are not obligated to do so until it is already bread. Stay tuned to find out how this applies.

HOW TO SEPARATE

Before answering Mrs. Ginsburg’s question, we need to explain the basic method of challah taking.

The simplest method of separating challah is as follows:

1. Separate a piece of the dough that will become the challah portion, but do not intend that it should become challah yet. The custom is that the piece should be at least as large as a small olive (Rama, Yoreh Deah 322:5).

2. Touch the piece to the rest of the dough.

3. Recite the bracha Asher kidishanu bimitzvosav vitzivanu lihafrish challah. Many people have the custom of adding the words min ha’isah to the end of the bracha. (Others end the bracha with the words lihafrish terumah, lihafrish terumah challah, or lihafrish terumas challah instead of lihafrish challah.)

4. Declare that the piece is challah. If saying this part in Hebrew, simply say “Harei zu challah.” One can just as easily say in English: “This is Challah.” Technically, one does not need to declare the portion challah verbally; it is sufficient to simply think which piece becomes challah. (This last case is useful when someone serves you bread or cake and you are uncertain whether challah was separated. Simply have in mind now to designate part of the bread as challah and leave that part uneaten.)

5. One should treat the separated portion, which is now challah, as non-kosher and destroy it. One may wrap it up carefully in two layers of aluminum foil and burn it in one’s oven or on top of the stove. In our ovens, one may burn the challah while using the oven for cooking or baking, so long as one is careful that it does not unwrap. Even if it does unwrap, it will not prohibit anything baked in the oven at the same time; however if it touches the oven itself, that part of the oven will require kashering. Because of the latter concern, some people prefer to wrap it carefully and respectfully place it in the garbage.

MINIMUM AMOUNTS

To answer Mrs. Ginsburg’s question how she should separate challah, we must first appreciate that there is no mitzvah to take challah if one is baking only a small amount of dough. Referring back to our Pasuk, we will see why this is true.

When the Torah required separating challah from “your kneading bowls,” to whom was the Torah speaking? Obviously, the generation living in the Desert, who were eating man. The Torah (Shemos 16:32) tells us that each individual gathered one omer of man each day in the Desert. Since the “bowl” used by the Jews in the Desert contained one omer, we know that this is the size bowl that the Torah is describing.

How big is an omer? The Torah (Shemos 16:36) teaches that this was one-tenth the size of an eifah, but that does not help us if we do not know the size of an eifah. The Shulchan Aruch (Yoreh Deah 324:1) rules that an omer contains 43.2 eggs. By the way, the gematria of the word challah is 43, and the last letter of challah is a hei, whose gematria is five. This is a good way to remember that the minimum size of separating challah is a dough the size of 43 and 1/5 eggs (Shach 324:2).

However, today we are uncertain how much dough this means since eggs vary tremendously in size. For our purposes, I am suggesting an estimate. We will assume that less than eight cups of flour does not require separating challah, and that one should not recite a bracha before separating challah unless one uses at least five pounds of flour. Any amount in between requires separating challah but without reciting a bracha. These figures are estimates and your Rav may give you different amounts.

If you ask me why I gave the first measurement in cups and the second in pounds, the answer is very simple. Cups are a less accurate measure than pounds, but more commonly used. If a woman knows that every time she uses eight cups of flour she should take challah without a bracha she is unlikely to miss taking challah when necessary. On the other hand, a bracha requires a more accurate measure, and most poskim require a bracha over dough made from five pounds of flour, although many poskim rule that one should recite a bracha even if using less.

WHY SEPARATE CHALLAH WITHOUT A BRACHA?

One recites the bracha only when certain that the dough is large enough to fulfill the mitzvah. If the batch is too small to fulfill the mitzvah, then a bracha would be levatalah, in vain. On the other hand, if one is required to separate challah, then one may not eat the bread without separating challah. Since it is uncertain exactly how much flour requires challah, we separate challah on any dough without a bracha when it is questionable whether one is required.

Preferably, one should try to recite a bracha before performing a mitzvah. Therefore, it is preferred to make a batch large enough to separate challah with a bracha. However, if one does not need such a large amount and it will go to waste, one should make a smaller dough and separate challah without a bracha (assuming that the batch contains at least eight cups of flour). It is preferable to bake fresh bread for every Shabbos rather than bake a double-batch one week and freeze half for the next week, unless the frozen bread tastes as good as the fresh variety.

We have now answered Shaylah #2, the dispute between Mrs. Bracha and Mrs. Ginsburg whether one should try to combine doughs to recite a bracha on the mitzvah. Indeed, one should.

Furthermore, one may not deliberately make small doughs to avoid taking challah altogether (Gemara Pesachim 48b; Shulchan Aruch Yoreh Deah 324:14). Therefore, someone making small batches should combine them into one larger batch in order to fulfill the mitzvah.

BATCHING TOGETHER

How does one combine different batches of dough or bread?

There are two general ways to combine different doughs into one “batch” in order to perform the mitzvah of separating challah. The first is by actually combining two doughs together; the second is by using a vessel to combine doughs or breads into what is now considered to be one batch.

HOW DO WE COMBINE DOUGHS?

One can combine two doughs by touching them together sufficiently that parts of one dough will join the other dough when separating them (Shulchan Aruch, Yoreh Deah 325:1 and Taz). This sticking together is enough to make the different batches considered as one.

Thus, Mrs. Ginsburg could combine her two doughs by touching them until the doughs stick together. Although this is often a simple way to combine two doughs, Mrs. Ginsburg pointed out that this approach is impractical when her doughs are mixed in two separate bowls. However, a simple solution is to wait until after the doughs rise and then to place them both on the board or tray for braiding. At this point, she should touch the doughs together until they stick to one another and become considered one dough.

“Does this mean that I can never take challah until my dough is removed from the bowls?” asked Mrs. Ginsburg. “I would prefer to separate challah while the dough is still in the bowl.”

Indeed, there are two possible ways she could take challah from the dough while it is still in the bowl, although each approach has its potential drawbacks.

A. If the dough rises in the bowls until it is high enough that one can touch the two doughs together, one may separate challah from one dough for both of them after sticking the two together. Of course, this is only possible if both doughs rise until they are higher than the top of the bowl.

B. A second approach involves placing the two bowls in a sheet or tablecloth in a way that the two bowls are touching while inside the sheet or cloth (Mishnah Berurah 457:7). Then fold the sheet or cloth over the bowls until it covers the doughs, even partially. I will explain shortly why this combines the doughs together. For reasons beyond the scope of this article, I prefer method “A” to method “B.”

HOW DO WE BATCH BREADS?

Another method of combining either dough or bread from small batches into one large batch to fulfill the mitzvah of challah is to place them together in a basket or other vessel (Mishnah Challah 2:4; Gemara Pesachim 48b).

Why does a basket make two or more different batches into one batch? Refer back to the Pasukim that I quoted earlier:

Pasuk 19: And it will be when you eat from the bread of the land, that you should consecrate a special portion for Hashem’s sake.

Pasuk 20: The first of your kneading bowls is challah; you should consecrate it just as you consecrate part of your grain.

I noted above that Pasuk 19 refers to separating challah when you eat bread, whereas Pasuk 20 mentions taking challah from your kneading bowls, which implies that we already separated challah when it was dough. Why does the Torah teach us to separate challah from bread when we already separated challah when it was being kneaded? The answer is that sometimes a dough is too small to require separating challah, but placing the baked bread (from two or more such doughs) in a basket will create a batch large enough to perform the mitzvah!

AN EXCEPTION — A MIX THAT DOES NOT WORK

If one does not want to combine two doughs, for example, if one dough is whole wheat flour and the other is white, or one is bread dough and the other pastry, then combining the two batches does not work (Shulchan Aruch Yoreh Deah 326:1). These batches remain separate unless one actually mixes the two doughs together. Thus, even if one touched together hamantashen dough with bread dough and the two combined have the requisite amount to separate challah, they do not combine.

At this point, we can answer Mrs. Ginsburg’s shaylah, about combining two batches of dough mixed in separate bowls. I have suggested two methods whereby one can combine the two batches into a five-pound batch and recite a bracha before the separating:

1. Take the different doughs and touch them together until the edges stick to one another. Do this either while the dough is in bowls or any time afterwards before the bread is baked.

2. Place the doughs or breads together inside one basket, cloth, or vessel. Since they are all inside one container, this combines them into one batch. Preferably, the dough or breads should all touch one another (Mishnah Berurah 457:7).

We can now analyze Mrs. Lowenstein’s question whether her freezer combines the breads into one batch that requires her to separate challah?

DOES ANY VESSEL COMBINE BREAD INTO ONE BATCH?

Previously, we discussed how one can combine to batches together for mitzvas challah by placing them into one basket. Does putting breads or hamantashen from many small batches into the freezer together create a mitzvah of separating challah?

The Gemara (Pesachim 48b) teaches that a table with a rim around it combines small batches of bread together to create a mitzvah of challah. Thus, it seems that a basket is simply an example. However, many Rishonim imply that the mitzvah of challah is created by a vessel only while in the process of baking bread, but not afterwards (Rashi, Pesachim 48b; She’iltos #73; Eimek Shei’lah who explains these opinions meticulously). However, the Rosh (Beitzah 1:13) implies that if a large quantity of bread is mistakenly placed into one vessel later, it will become obligated in challah at this point, and therefore he recommends combining all the doughs together earlier and separating challah. Shulchan Aruch (Orach Chayim 457:1) implies that he rules like the first opinion, unlike the Rosh.

Although some poskim suggest that a freezer will combine just as a basket combines, most contemporary poskim rule that this is not a concern for a variety of reasons. These reasons include: 1) This takes place long after you finished making the bread. 2) You have no intent to combine the doughs together. 3) A freezer may not be considered a vessel at all because of its size and weight. 4) The doughs are all bagged before they are placed inside the freezer (see Machazeh Eliyahu #l11; Shu’t Nimla Tal).

We can now answer questions 1 and 3 that we posed at the beginning. 1) One should indeed try to combine different batches of dough or bread in order to separate challah from them, and in order to be able to recite the bracha. 3) Although a vessel or tablecloth will combine different doughs into challah, a freezer does not create a concern that requires separating challah, nor does it combine batches for challah taking.

Having discussed the halachic details of this mitzvah, it is worthwhile taking a glimpse at the following Medrash that underscores its vast spiritual significance: “In the merit of the following three mitzvos the world was created – in the merit of challah, in the merit of maasros, and in the merit of bikkurim” (Breishis Rabbah 1:4). Thus, besides gaining us eternal reward, this easily kept mitzvah helps keep our planet turning.

What Happens When We Do Something Wrong on Shabbos?

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Question #1: Cholent Caper

Shimon looks rather sheepish when he asks this shaylah on Shabbos morning: After waking up, he tasted the cholent and decided it needed some extra spices. Without thinking, he added some pepper and garlic powder, which is clearly an act of desecrating Shabbos. Can his family eat the cholent, or is it prohibited to benefit from this melachah?

Question #2: Bad Advice

“My main mutual fund has performed wonderfully over time and I am very satisfied with it. However, I recently read a transcript in which the fund manager, who is probably Jewish, referred to investment discussions with his staff on Friday night. I am concerned that I may be benefiting from chillul Shabbos that he performs in the course of researching venture possibilities for the fund. Must I pull my money out and look for another investment vehicle?”

Question #3: The Unrepentant Knitter

Yehudis seeks guidance for a real predicament: “I have a non-observant relative who loves to knit and is presently knitting a baby blanket for my soon-to-be. I am certain that she is doing some of this on Shabbos. If we do not use her blanket she will be very upset — and she will notice if we fail to use it. What may we do to avoid antagonizing her?”

Each of these true-life shaylos that I have been asked involve the same halachic perimeter: May one benefit from work performed on Shabbos? Although we certainly discourage Shabbos desecration before the act, the question is whether something produced on Shabbos may be used afterwards. This very question is discussed in the Gemara in several places, which cites a three-way dispute concerning food cooked by a Jew on Shabbos. The three opinions ultimately focus on three different concerns and debate whether and to what extent we are concerned about these issues:

I. Intrinsic Prohibition

Some contend that a food cooked in violation of Shabbos becomes a substance that we are prohibited to eat. Those who rule this way maintain that this food becomes non-kosher.

II. Penalize the Sinner

Chazal penalized a person who intentionally desecrated Shabbos by banning that individual from benefiting from his misdeed. The food is still kosher, but there are restrictions as to who may eat it and when.

III. Deferring Use

One must defer benefiting from an item created through Shabbos desecration until after Shabbos so as not to profit from the sin.

I. Intrinsic Prohibition

Rabbi Yochanan Hasandlar contends that cooking in intentional violation of Shabbos creates an intrinsically “tereifah” forbidden food. In his opinion, not only does the Torah forbid desecrating Shabbos, but also, food prepared in defiance of Shabbos may not be eaten and will never become permitted. However, this only applies to an item produced in intentional violation of Shabbos. An item created in unintentional, but negligent, violation of Shabbos (shogeig) is treated more leniently.

II. Penalize the Sinner

Rabbi Yehudah follows a somewhat more lenient approach, prohibiting the sinner from using items made on Shabbos as a penalty, but not because the food is intrinsically non-kosher. Chazal created this penalty so that the perpetrator should not benefit from his misdeed. For this reason, Rabbi Yehudah prohibits the item permanently only to the person who desecrated Shabbos. Others may use the item after Shabbos is over.

III. Deferring Use

Rabbi Yehudah, and third opinion, Rabbi Meir, agree that other people may not use the item on Shabbos itself. This benefit must be deferred because one should defer use of items created via Shabbos desecration until after Shabbos. However, once Shabbos is over, people not involved in the Shabbos desecration may use the item.

Negligent Desecration

Thus far, we have discussed what happens when something was prepared in intentional defilement of Shabbos. However, if someone cooked the item in unintentional, but negligent, violation of Shabbos (shogeig), even the one who cooked may eat the food once Shabbos is over. In this case, no distinction is made between the person who violated Shabbos and anyone else. Since the sin was unintentional, we do not penalize the perpetrator. But Rabbi Yehudah requires that we defer the benefit until after Shabbos.

What is the Legal Definition of “Negligent”?

Negligent violation (shogeig) includes someone who forgot or did not know that it is Shabbos, or forgot or did not know that the activity being performed is forbidden on Shabbos. It also includes someone who was provided mistaken information that something prohibited is permitted. This applies even if one asked a competent scholar who erred and permitted something forbidden (Magen Avraham 318:3). As mentioned above, in any of these situations, one may use the item after Shabbos ends.

Example:

Devorah discovered that she prepared food on Shabbos in a way that the Torah prohibits. Since she was unaware of the halachah, this is an act of shogeig, and the food may be eaten after Shabbos.

An Intended Beneficiary

As I explained above, Rabbi Yehudah maintains that a person who desecrated Shabbos intentionally may never benefit from the result, while others may benefit after Shabbos. What about a person for whom the item was made in intentional desecration of Shabbos? May he/she use the item? For example, if a Jew cooked for a guest on Shabbos, may the guest eat the food after Shabbos is over?

Why should the intended beneficiary be treated more stringently than anyone else?

Not Only Shabbos

To understand the background behind this question we need to clarify some related issues. I mentioned above that Rabbi Yehudah prohibits the sinner from ever using an item that resulted from his desecration. This rule is not limited to Shabbos, but also applies to other areas of halachah. Here is an example:

Ein Mevatelin Issur Lechatchilah

Although prohibited substances that spill into food are sometimes nullified, this applies only when the mixture occurred unintentionally. One may not deliberately add prohibited food to permitted food in order to nullify the banned substance. This prohibition is called ein mevatelin issur lechatchilah. Bitul is something that happens after the fact and cannot serve as a premeditated solution .

What happens if someone intentionally added a proscribed ingredient? Is the food now prohibited?

Indeed, the person who added the forbidden component may not consume it. This law is derived from the rules of Shabbos. Just as the intentional Shabbos desecrator may not benefit from his misdeed, so too, the deliberate contaminator of kosher food may not consume the mixture (Gittin 54b). Therefore, if the CIA (Cashrus Intelligence Agency) detects the misdeed, the perpetrator will be banned from benefit.

Already Added

Because of the above rule, if non-kosher food accidently fell into food at a rate too great to be nullified, one may not add extra kosher food or liquid in order to nullify the prohibited substance. This act is also prohibited under the heading of ein mevatelin issur lechatchilah. Here too, someone who knows that this act is prohibited and intentionally added permitted food to nullify the forbidden component, may not consume it because he violated ein mevatelin issur lichatchilah (Shulchan Aruch, Yoreh Deah 99:5). However, if he did this negligently he may use the finished product.

All these rulings derive from the laws of Shabbos that we discussed before. The person who added the product intentionally, knowing that this is prohibited, is comparable to someone who knowingly desecrates Shabbos and may not benefit from his misdeed. However, the person who was unaware that his act is prohibited qualifies as a shogeig and may use the product. (Note that although on Shabbos we sometimes make a distinction between using the food on Shabbos and using it after Shabbos, no such distinction applies in the case of ein mevatelin issur lechatchilah.)

Don’t Add Water!

The following case explains this last situation more clearly. Mrs. Smallminded discovers that she inadvertently added a non-kosher ingredient to the huge pot of soup she is preparing for a family simcha. Realizing her error, she calls her rav, who concludes that the ratio of kosher to non-kosher in her soup is insufficient and that therefore the soup is not kosher. Unwilling to discard all her efforts and ingredients, Mrs. Smallminded adds water to the soup until there is sufficient kosher product to nullify the non-kosher ingredients. As mentioned above, this act is prohibited as a violation of the rule ein mevatelin issur lichatchilah. If Mrs. Smallminded was unaware that she was forbidden to add water, she qualifies as shogeig and may eat the soup. However, if she was aware that this was prohibited and she intentionally ignored the halachah, she may not eat the food, for this would allow her to benefit from her deliberate misdeed.

What about her Guests?

Let us assume that Mrs. Smallminded realized that she was not allowed to add water, but did so anyway. Later, she has pangs of conscience about her misdeed. As I mentioned above, Mrs. Smallminded may not eat the soup. What about her guests and family members? May they eat the soup because the non-kosher ingredient is indeed bateil, or are they also prohibited from eating it?

The halachah is that the intended beneficiaries may not eat the soup. Since all of Mrs. Smallminded’s family members and guests are intended beneficiaries, none of them may eat the soup (Rashba, Toras HaBayis 4:3, page 32; Tur Yoreh Deah 99). However, some authorities contend that this applies only if those people knew that the water was being mixed in for their benefit, as I will explain.

Not Aware of the Bitul

This leads us to a new question: What if the intended beneficiaries did not know that the item was being mixed in for their benefit?

Some authorities rule that in this last situation the intended beneficiary may use the product (Maharshal; Taz 99:10). However, many authorities conclude that the item is prohibited. Furthermore, most rule that if a store added prohibited substances to kosher food in order to sell it to Jewish customers, no Jewish customers may consume the finished product since they are all considered intended beneficiaries (Shu”t Rivash #498; Rabbi Akiva Eiger). According to this, Mrs. Smallminded’s guests and relatives would be forbidden from eating her soup even though they were unaware of what she did.

You might ask, why are they being penalized from eating the luscious soup when they were completely unaware of her intent to violate the law? After all, not only did they not intentionally violate any laws, they did not even know what Mrs. Smallminded was doing in the kitchen!

The Overambitious Butcher

It is easiest to explain this ruling by examining a case discussed by earlier halachah authorities. A town butcher had mastered the proper skills to be a qualified shocheit, but had never passed the lext step – being licensed to be a bodeik, the person who checks after the shechitah to ascertain that the animal contains no imperfections that render it tereifah. Nevertheless, this butcher-shocheit performed the shechitah and the bedikah himself, thereby overextending his “license.” The shaylah was whether the meat could be eaten anyway, based on the halachah that if one cannot perform bedikah the animal is ruled kosher, since most animals are kosher.

The posek of the generation, the Rivash, ruled that no one could eat the meat. Although it is indeed true that if a bedikah cannot be performed the meat is kosher, one may not intentionally forgo the bedikah. The Rivash forbids the meat of the above-mentioned butcher-shocheit because of the principle of ein mevatelin issur lichatchilah, and rules that no one may use the meat, since all of the butcher’s customers are intended beneficiaries of his violation. This is true even though the customers certainly did not want the butcher to forgo a proper bedikah. We see that when the prohibited food is prepared for someone else, the authorities forbade that person from eating the food, even when he did not want the bitul to transpire.

An Intended Shabbos Beneficiary

Having established that mixing food in violation of halachah prohibits the resultant product, we now need to determine the law on Shabbos. Does halachah ban the intended beneficiary from benefiting from the item produced on Shabbos, even if he/she did not want the item prepared on Shabbos?

The late halachic authorities dispute this question, some contending that since one cannot use the item until Shabbos is over, there is less reason to prohibit the intended beneficiary (Pri Megadim, Eishel Avraham 318:2, based on Beis Yosef, Yoreh Deah 99). Others conclude that food cooked on Shabbos for customers remains prohibited forever since they are all intended beneficiaries (Shu”t Ksav Sofer, Orach Chayim #50).

III: Rabbi Meir’s Approach

At the beginning of the article, I mentioned that the Gemara records three positions concerning this issue. And yet, so far I devoted most of the article to explaining Rabbi Yehudah, briefly mentioned Rabbi Yochanan Hasandler, and mentioned the third opinion, Rabbi Meir, only in passing. This is because most halachic authorities rule like Rabbi Yehudah, although there are several who follow the more lenient opinion of Rabbi Meir (Gr”a, Orach Chayim 318). (One can note that the Rosh, in Bava Kamma 7:6, rules like Rabbi Yochanan HaSandler; however, in Chullin 1:18 he seems to conclude otherwise.) Rabbi Meir contends that anything cooked in negligent violation of Shabbos may be eaten even on the day it was made and even by the person who desecrated Shabbos. Only something produced in intentional defiance of Shabbos may not be used, and this becomes permitted as soon as Shabbos ends even to the violater himself. Thus, he disputes Rabbi Yehudah in two key points, both about the status on Shabbos of food cooked negligently, and whether it is permitted after Shabbos for the person who intentionally desecrated Shabbos.

According to Rabbi Meir, although violating Shabbos is a most severe desecration, the Sages did not prohibit use of the product, but merely postponed using it until after Shabbos so as not to benefit from the sin. He makes no distinction between the violater himself and others. He also contends that there is no prohibition at all against using an item negligently prepared on Shabbos.

Answering our Shaylos

At this point, let us try to resolve the different shaylos that I mentioned before.

Question #1: Shimon negligently added spices to the cholent on Shabbos. Can his family still eat the cholent, or is it prohibited due to the prohibition of benefiting from melachah performed on Shabbos?

According to most authorities, the halachah follows Rabbi Yehudah and therefore this cholent would be prohibited, but only until Shabbos is over. However, some late authorities rule that under extenuating circumstances one may rely on those who accept Rabbi Meir’s more lenient approach (Mishnah Berurah 318:7). According to this approach, one could permit Shimon to enjoy his cholent on Shabbos if he does not have enough ready food for everyone.

Mutual Funds and Shabbos

Our second question was: “My main mutual fund has performed wonderfully over time, and I am very satisfied with it. However, in a transcript I read recently, the fund manager, who is probably Jewish, referred to Friday night discussions with his staff about investments and the economy. I am concerned that I might be benefiting economically from chillul Shabbos that he performs in the course of researching investment possibilities for the fund. Must I pull my money out and look for another vehicle?”

Although we do not want to encourage anyone to desecrate Shabbos, there is, strictly speaking, no violation incurred in benefiting from this investment. The adviser’s desecrating Shabbos does not create any object, so that even the strictest opinion of Rabbi Yochanan Hasandler would not prohibit the money earned by the fund.

The question here is really a different one: Am I hiring a fund adviser to work on Shabbos? Also, there is what I would call a hashkafah/hadrachah question: Do I want to make profit based on a Jew being mechaleil Shabbos? After all, Hashem provides livelihood and perhaps I should steer away from building my personal nestegg on the backs of someone’s chillul Shabbos. I refer our readers with such a question to their own rav.

The Unrepentant Knitter

Now let us now examine our third case above: Yehudis has a non-observant family member who is knitting on Shabbos a baby blanket. May Yehudis use the blanket?

Assuming we follow Rabbi Yehudah’s approach, the main question here is whether an intended beneficiary is prohibited forever from use of an item made in violation of Shabbos. Since most later authorities permit this, I ruled that she could use the blanket.

Conclusion

Resting on Shabbos is our acknowledgement that Hashem created everything and brought the Creation of the world to conclusion on the seventh day. Shabbos is His statement that His creating the world was complete, and our observing it recognizes this. When we bring our workweek to a close, we thereby note Hashem’s supremacy and the message of Shabbos. Unfortunately, not all our brethren understand this message, thus leading to many of the shaylos that we discussed in this article. We hope and pray that all Jews soon understand the full beauty of Shabbos.

Carrying in Public and the Use of an Eruv

Iclip_image002n this week’s parsha, the Torah recounts the story of the manna, also including the unbecoming episode where some people attempted to gather it on Shabbos. In the words of the Torah:

And Moshe said, “Eat it (the manna that remained from Friday) today, for today is Shabbos to Hashem. Today you will not find it (the manna) in the field. Six days you shall gather it, and the Seventh Day is Shabbos – There will be none.”

And it was on the Seventh Day. Some of the people went out to gather, and they did not find.

And Hashem said to Moshe: “For how long will you refuse to observe My commandments and My teachings. See, Hashem gave you the Shabbos. For this reason He provides you with two-day’s supply of bread on the sixth day. On the Seventh Day each person should remain where he is and not leave his place” (Shemos 16:25- 29).

Although the Torah’s words each person should remain where he is and not leave his place imply that even leaving one’s home is forbidden, the context implies that one may not leave one’s home while carrying the tools needed to gather manna (Tosafos, Eruvin 17b). The main prohibition taught here is to refrain from carrying from one’s house or any other enclosed area (halachically called reshus hayachid), to an area available for the entire Bnei Yisroel in the Desert to traverse, a reshus harabim. Chazal further explain that moving an item in any way from a reshus hayachid to a reshus harabim violates the Torah, whether one throws it, places it, hands it to someone else, or transports it in any other way (Shabbos 2a, 96). Furthermore, we derive from other sources that one may also not transport an item from a reshus harabim to a reshus hayachid, nor may one transport it four amos (about seven feet) or more within a reshus harabim (Gemara Shabbos 96b; Tosafos, Shabbos 2a s.v. pashat). Thus, carrying into, out of, or within a reshus harabim incurs a severe Torah prohibition. For convenience sake, I will refer to portage of an item from one reshus to another or within a reshus harabim as carrying regardless of the method of conveyance.

One should note that with reference to the melacha of carrying on Shabbos, the terms reshus hayachid and reshus harabim do not relate to the ownership of the respective areas, but are determined by the extent that the areas are enclosed and how they are used. A reshus hayachid could certainly be public property and there are ways whereby an individual could own a reshus harabim.

Notwithstanding the Torah’s clear prohibition against carrying into, from, or within a reshus harabim, we are all familiar with the concept of an eruv that permits carrying in areas that are otherwise prohibited. You might ask, how can poles and wires permit that which is otherwise prohibited min haTorah? As we will soon see, it indeed cannot, and the basis for permitting use of an eruv is far more complicated.

We are also aware of controversies in which one respected authority certifies a particular eruv, while others contend that it is invalid. This is by no means a recent phenomenon. We find extensive disputes among early authorities whether one may construct an eruv in certain areas; some considering it a mitzvah to construct the eruv, whereas others contend that the very same “eruv” is causing people to sin.

AN OLD MACHLOKES

Here is an instance. In the thirteenth century, Rav Yaakov ben Rav Moshe of Alinsiya wrote a letter to the Rosh explaining why he forbade constructing an eruv in his town. In his response, the Rosh contended that Rav Yaakov’s concerns were groundless and that he should immediately construct an eruv. Subsequent correspondence reveals that Rav Yaakov did not change his mind and still refused to erect an eruv in his town. The Rosh severely rebuked Rav Yaakov for this recalcitrance, insisting that if Rav Yaakov persisted, he, the Rosh, would place Rav Yaakov in cherem! The Rosh further contended that Rav Yaakov had the status of a zakein mamrei, a Torah scholar who rules against the decision of the Sanhedrin, which in the time of the Beis HaMikdash constitutes a capital offence (Shu”t HaRosh 21:8). This episode demonstrates that heated disputes over eruvin are by no means recent phenomena.

The goal of this article is not to make halachic decisions; that is the role of one’s rav. The purpose here is to explain what allows the construction of an eruv, and present some circumstances in which one authority permits carrying within a specific eruv while another forbids it.

IS IT A MITZVAH?

Before I present the arguments for and against eruv manufacture in the modern world, we should note that all accept that it is a mitzvah to erect a kosher eruv when this is halachically and practically possible, as the following anecdote indicates.

Rabbah the son of Rav Chanan asked Abayei: “How can it be that an area in which reside two such great scholars (Abayei and Abayei’s Rebbe) is without an eruv?” Abayei answered: “What should we do? It is not respectful for my Master to be involved, I am too busy with my studies, and the rest of the people are not concerned” (Gemara Eruvin 68a).

The commentaries note that Abayei accepted the position presented by Rabbah that one should assemble an eruv. Abayei merely deflected the inquiry by pointing out that no one was readily available to attend to the eruv, and that its construction did not preempt other factors, specifically Abayei’s commitment to Torah study, and the inappropriateness for Abayei’s Rebbe to be involved in the project. Indeed, halacha authorities derive from this Talmudic passage that it is a mitzvah to erect an eruv whenever halachically permitted (Tashbeitz 2:37, quoted verbatim by the Birkei Yosef, Orach Chayim 363:2). These rulings are echoed by such luminaries as the Chasam Sofer (Shu”t Orach Chayim #99), the Avnei Nezer (Orach Chayim #266:4), the Levush Mordechai (Orach Chayim #4) and Rav Moshe Feinstein (Shu”t Igros Moshe, Orach Chayim 1:139:5 s.v. vilichora).

I mentioned before that the construction of an eruv of poles and wire cannot permit carrying that is prohibited min haTorah. If this is true, upon what basis do we permit the construction of an eruv? To answer this question, we need to understand that not every open area is a reshus harabim – quite the contrary, a reshus harabim must meet very specific and complex requirements, including:

(A) It must be unroofed (Shabbos 5a).
(B) It must be meant for public use or thoroughfare (Shabbos 6a).
(C) It must be at least sixteen amos (about twenty-eight feet) wide (Shabbos 99a).
(D) According to most authorities, it cannot be inside an enclosed area (cf., however, Be’er Heiteiv 345:7, quoting Rashba; and Baal HaMaor, Eruvin 22a, quoting Rabbeinu Efrayim). Exactly what is the definition of an “enclosed area” is the subject of a major dispute that I will discuss.
(E) According to many authorities, it must be used by at least 600,000 people daily (Rashi, Eruvin 59a, but see Rashi ad loc. 6a where he only requires that the city has this many residents.). This is derived from the Torah’s description of carrying into the encampment in the Desert, which we know was populated by 600,000 people.
(F) Many authorities require that it be a through street, or a gathering area that connects to a through street (Rashi, Eruvin 6a).
(G) Some authorities add still other requirements.

Any area that does not meet the Torah’s definition of a reshus harabim, and yet is not enclosed, is called a karmelis. One may not carry into, from, or within a karmelis following the same basic rules that prohibit carrying into a reshus harabim. However, since the prohibition not to carry in a karmelis is only rabbinic in origin, Chazal allowed a more lenient method of “enclosing” it.

CAN ONE “ENCLOSE” A RESHUS HARABIM?

As I mentioned earlier, carrying within a true reshus harabim is prohibited min haTorah – for this reason, the use of a standard eruv does not permit carrying in such an area (Eruvin 6b). Nevertheless, the construction of large doors that restrict public traffic transforms the reshus harabim into an area that one can now enclose with an eruv. According to some authorities, the existence of these doors and occasionally closing them is sufficient for the area to lose its reshus harabim status. (Rashi, Eruvin 6b; However, cf. Rabbeinu Efrayim, quoted by Baal HaMaor, Eruvin 22a).

PLEASE CLOSE THE DOOR!

There are some frum neighborhoods in Eretz Yisroel where a thoroughfare to a neighborhood or town is closed on Shabbos with a closing door in order to allow an eruv to be constructed around the area. However, this approach is not practical in most places where people desire to construct an eruv.

So what does one do if one cannot close the area with doors?

This depends on the following issue: Does the area that one wants to enclose meet the requirements of a reshus harabim min haTorah or is it only a karmelis. If the area is a reshus harabim min haTorah and one cannot occasionally close the area with doors, then there is no way to permit carrying in this area. One should abandon the idea of constructing an eruv around the entire city or neighborhood (see Gemara Eruvin 6a; Shulchan Aruch Orach Chayim 364:2). Depending on the circumstances, one may still be able to enclose smaller areas within the city.

TZURAS HAPESACH

However, if the area one wants to enclose does not qualify as a reshus harabim, then most authorities rule that one may enclose the area by using a tzuras hapesach (plural, tzuros hapesach), literally, the form of a doorway. (However, note that Shu”t Mishkenos Yaakov #120 s.v. amnom and Shu”t Mishnas Rav Aharon #6 s.v. Kuntrus Bi’Inyanei Eruvin paragraph #2 forbid this.) A tzuras hapesach consists of two vertical side posts and a horizontal “lintel” that passes directly over them, thus vaguely resembling a doorway. According to halacha, a tzuras hapesach successfully encloses a karmelis area, but it cannot permit carrying in a true reshus harabim (Gemara Eruvin 6a). Using tzuros hapesach is the least expensive and most discreet way to construct an eruv. In a future article, I hope to explain some common problems that can happen while constructing tzuros hapesach and how to avoid them, and some important disputes relative to their construction.

Let us review. One can permit carrying in a karmelis, but not a reshus harabim, by enclosing the area with tzuros hapesach. Therefore, a decisive factor in planning whether one can construct an eruv is whether the area is halachically a karmelis or a reshus harabim. If the area qualifies as a karmelis, then an eruv consisting of tzuros hapesach permits one to carry; if it is a reshus harabim, then the existence of tzuros hapesach does not. The issues concerning the definition of a reshus harabim form the basis of most controversies as to whether a specific eruv is kosher or not.

600,000 PEOPLE

An early dispute among Rishonim was whether one of the requirements of a reshus harabim is that it be accessible to 600,000 people, the number of male Jews over twenty the Torah tells us exited Egypt (see Tosafos, Eruvin 6a s.v. Keitzad). According to Rashi and the others who follow this approach, one may enclose any metropolis with a population smaller than 600,000 with tzuros hapesach to permit carrying. (Rashi in some places describes that the city has 600,000 residents, and in others describes that 600,000 people use the area constantly. The exact definition to be used is the subject of much literature, see Shu”t Mishkenos Yaakov #120 s.v. hinei harishon; and Igros Moshe, Orach Chayim 1:139:5.)

However, other early authorities contend that an area with less than 600,000 people still qualifies as a reshus harabim, providing that it fulfills the other requirements that I listed above. In their opinion, such an area cannot be enclosed with tzuros hapesach. Although many authorities hold this way, the accepted practice in Ashkenazic communities was to follow the lenient interpretation and construct eruvin. Nevertheless, the Mishnah Berurah discourages carrying in such an eruv since many Rishonim do not accept it (364:8; Bi’ur Halacha to 345:7 and to 364:2). There are different opinions whether Sefardim are at liberty to follow this lenience, although the prevalent practice today is for them to be lenient.

MODERN CITY

Most large metropolitan areas today are populated by more than 600,000 people. Some authorities still define many of our metropolitan areas as a karmelis based on the following definition: Any area less concentrated than was the Jews’ encampment in the Desert is considered a karmelis. Since this encampment approximated 50 square miles, these authorities permit an eruv anywhere that the population density is less than 600,000 people per 50 square miles (Shu”t Igros Moshe 4:87). However, other authorities consider any metropolitan area or megalopolis containing 600,000 people to be a reshus harabim regardless of its population density. Does this mean that there is no heter with which to construct an eruv in a large city? Indeed many authorities contend this way (Shu”t Mishnas Rav Aharon 1:2).

A LARGE BREACH

Nevertheless, the Chazon Ish presented a different approach to permit construction of an eruv in a contemporary large city. His approach requires an introduction.

In general, an area enclosed by three or four full walls cannot be a reshus harabim (Eruvin 22a). What is the halacha if each of the three sides of an area is enclosed for most of its length – however, there are large gaps in the middle of the enclosure. For example, walls or buildings enclose most of an area – however, there are gaps in the middle of the area between the buildings where streets cross the city blocks. Does the area in the middle, surrounded on both sides by buildings and other structures, still qualify as a reshus harabim, or has it lost this status because it is mostly “enclosed”?

The basis for the question is the following: There is a general halachic principle that an area that is mostly enclosed is considered enclosed even in its breached areas (Eruvin 5b et al.). For example, a yard enclosed by hedges tall enough to qualify as halachic walls may be considered enclosed notwithstanding that there are open areas between the hedges, since each side is predominantly enclosed either by the hedges or by the house.

On the other hand, a breach longer than ten amos (about 17 feet) invalidates the area from being considered enclosed. Therefore, one may not carry within a fenced-in area that has a 20-foot opening without enclosing the opening in some way.

The issue that affects the modern city is the following: Granted that a large breach needs to be enclosed to permit carrying within the area, is this required min haTorah or only rabbinically? Let us assume that one encloses a large area with walls that run for miles, but has large gaps in this middle – is this area considered enclosed min haTorah on the basis of its walls, or is it considered open because of its gaps?

This question was debated by two great nineteenth-century authorities, Rav Efrayim Zalman Margoliyos, the Rav of Brody, the Beis Efrayim and Rav Yaakov of Karlin, the Mishkenos Yaakov. The Beis Efrayim contended that the breach is only a rabbinic prohibition, but that the area is considered enclosed min haTorah, whereas the Mishkenos Yaakov held that the breach qualifies the area as a reshus harabim min haTorah. The lengthy correspondence between the two of them covers also a host of other eruv related issues (Shu”t Beis Efrayim, Orach Chayim # 25, 26; Shu”t Mishkenos Yaakov, Orach Chayim, #120- 122).

What difference does it make whether this area is considered open min haTorah or miderabbanan, since either way one must enclose the area?

The difference is highly significant. If we follow the lenient approach, then even if the area in the middle meets all the other requirements of a reshus harabim, the Beis Efrayim contends that it loses its status as a reshus harabim because of the walls surrounding it, notwithstanding the large gaps in the walls, in which case it may be possible to construct an eruv in such a place.

On the other hand, the Mishkenos Yaakov contends that this area is considered a reshus harabim because of the gaps, and we ignore the walls. According to him it will be impossible to construct an eruv.

How one rules in this dispute between these two gedolim affects the issue of constructing an eruv in a contemporary city. Most modern cities contain city blocks which consist predominantly of large buildings with small areas between the buildings, and streets that are much narrower than the blocks. If we view these buildings as enclosures, then one can easily envision that both sides of the street are considered enclosed min haTorah according to the Beis Efrayim’s analysis. This itself does not sufficiently enclose our area. However, at certain points of the city, these two parallel streets dead end into a street that is predominantly enclosed either with buildings, fences, walls, or some other way. The result is that this section of the city can now be considered min haTorah as enclosed on three sides by virtue of the buildings paralleling both sides of the street and those on its dead end. Since this area now qualifies as an enclosed area min haTorah, the entire area is considered a reshus hayachid min haTorah.

The Chazon Ish now notes the following: Once you have established that this part of the city qualifies as a reshus hayachid min haTorah, this area is now considered completely enclosed halachically. For this reason, other city blocks that are predominantly enclosed on both sides of the street that intersect with this first area are also now considered to be enclosed areas min haTorah. As a result, a large section of most cities is considered min haTorah enclosed on at least three sides, according to his calculation. Although one cannot carry in these areas miderabbanan because of the “breaches” in their “enclosures,” they are no longer reshus harabim min haTorah and one can therefore enclose the entire area with tzuros hapesach (Chazon Ish, Orach Chayim 107:5). As a result of this calculation, the Chazon Ish concludes that many large cities today qualify as a karmelis and therefore one may construct tzuros hapesach to permit carrying there.

However, other authorities reject this calculation for a variety of reasons, some contending that the gaps between the buildings invalidate the enclosure, thus leaving the area to be considered a reshus harabim, which cannot be enclosed (Shu”t Mishkenos Yaakov; Shu”t Mishnas Rav Aharon).

In conclusion, we see that disputes among poskim over eruvin are not recent phenomena. In practice, what should an individual do? The solution proposed by Chazal for all such issues is “Aseh lecha rav, vehistaleik min hasafek,” “Choose someone to be your rav, and removes doubt from yourself.” He can guide you whether it is appropriate to carry within a certain eruv, after considering the halachic basis for the specific eruv’s construction, the level of eruv maintenance, and family factors. Never underestimate the psak and advice of your rav!

Wining and Dining

KONICA MINOLTA DIGITAL CAMERA  Arriving in my shul office one day, I check my schedule to see what the day’s activities will bring. The schedule notifies me that Leah Greenberg (not her real name) has an 11 o’clock appointment. I am curious what issues she plans to bring me today. Leah is highly intelligent and usually has interesting questions to discuss.

An 11:05 knock on my door announces her arrival. After she seats herself in my office, I ask her what has brought her this morning.

“As you know, I do not come from an observant background,” she begins. “Although I have been observant now for many years, I always feel that I am missing information in areas of halacha that I need to know. Instead of asking you these questions over the phone, I wanted to discuss all the questions I have on one subject matter in person at one time. – I thought that this way you could perhaps explain the halachos and the issues involved to me.”

It would be nice to spend a few moments doing what I enjoy most, teaching Torah. I encouraged Leah to read me her list.

“My first two questions have to do with kiddush Shabbos morning. I believe I was told years ago that I should make kiddush before I eat Shabbos morning. Recently, someone told me that this was not necessary. What should I do?”

“Many prominent poskim rule that a married woman does not need to recite kiddush until her husband has finished davening (Shu’t Igros Moshe, Orach Chayim 4:101:2). In their opinion, there is no requirement to recite kiddush until it is time to eat the Shabbos meal, which for a married woman is when her husband is also ready. Others contend that she should recite kiddush before she eats (Shu’t Minchas Yitzchok 4:28:3; Shmiras Shabbos K’Hilchasah 2:153).”

“Not questioning what you have told me, which is what I intend to do, I know very religious women who do not recite kiddush until the Shabbos meal. Some of them are not married, so the reason you told me above would not apply to them.”

There is a custom in some places that women did not recite kiddush Shabbos morning, and therefore you should not say anything to women who follow this practice (Daas Torah 289). But what you are doing is definitely preferable.”

“My next question has to do with a mistake I made last week. Last Shabbos morning, after I made kiddush and ate mezonos to fulfill the kiddush properly, I recited the after bracha on the cake, but forgot to include al hagafen for the wine I drank. I didn’t know whether I was supposed to recite the bracha acharonah again in order to say the al hagafen or whether I should do nothing.”

“What did you end up doing?” I inquired, curious to see how she had resolved the predicament.

“Well, I didn’t have anyone to ask, so I waited until my son came home from hashkamah minyan and made kiddush and then I had him be motzi me in the bracha acharonah.”

“That was a very clever approach. You actually did what is optimally the best thing to do, provided that you have not waited too long for the bracha acharonah. But let me ask you first. Why were you uncertain what to do after you had made kiddush?”

“Well, I know that after eating cake and drinking wine or grape juice we recite the long after bracha beginning and ending with both al hamichyah (for the food you have provided us) and al hagafen (for the vine and its fruits). I had recited this bracha, but I left out the parts referring to wine. So I was uncertain whether I had fulfilled the mitzvah with regard to the wine since I had only mentioned al hamichyah, which only refers to the cake.”

“Your analysis of the question is very accurate,” I responded. “But I am first going to answer a question with a question. What happens if you only drank wine, and ate nothing at all, and then afterwards recited al hamichyah and did not mention al hagafen at all? Or for that matter, what happens if you recited the full bensching after drinking wine. Did you fulfill your responsibility?”

“I would think that you did not fulfill the mitzvah since you did not recite al hagafen,” Leah responded. “But because of the way you asked the question, I guess I am wrong. I told you that I don’t have the strongest halacha background.”

What a beautiful neshamah! I found my mind wondering. Leah was always eager to learn more about Yiddishkeit and halacha, and she always felt humble. This is how we should always feel before the Almighty. In truth, she was usually far more knowledgeable than most people who take their Yiddishkeit for granted.

I returned to our conversation.

“I presented you with two cases. If someone bensched a full bircas hamazon after drinking wine but not eating anything, we paskin that he should not recite a new bracha acharonah since wine does provide satisfaction (Shulchan Aruch, Orach Chayim 208:17). However, many other foods, such as most fruit, are not satisfying enough that bensching would fulfill the responsibility. Therefore, the bracha of bensching is inappropriate for them, and one must recite the correct bracha acharonah.

“In the case of someone who recited al hamichyah instead of al hagafen, there is a dispute whether he must recite al hagafen or not. Most poskim contend that one has fulfilled the mitzvah and should not recite a new bracha” (Levush 208:17; Eliyahu Rabbah 208:26; cf., however, the Maadanei Yom Tov and Pri Megadim 208:16 in Mishbetzos Zahav who disagree and rule that one must recite al hagafen.)

“Then it would seem that I should not have recited al hagafen and I did not have to wait for my son to come home. Why did you say that I did what was optimally correct?”

“Actually, your case is a bit more complicated than the ones I just presented.”

“How so?”

“In the two cases I mentioned, reciting full bensching or al hamichyah after wine, one did not eat anything at all that would require bensching or al hamichyah, so the bracha can only have referred to the wine. The halachic question we deal with is whether this bracha can ever refer to wine or not. If the bracha can never refer to wine, then it has the status of a bracha li’vatalah, a bracha recited in vain.

“However, when you drank wine and ate cake you were required to include two different themes, one for the wine and the other for the cake, but you included only one. Here our question is whether one theme will fulfill both bracha requirements.”

“I find this rather confusing. Either the bracha al hamichyah works for wine or it does not. How can it sometimes work and sometimes not?”

“Let me give you a different example that will be more familiar. What happens if you recite the bracha of borei pri ha’adamah on an apple?”

“I have been told that one isn’t supposed to do this, but if you did one should not recite a new bracha.”

“That is exactly correct. Now let me ask you another question. What happens if you plan to eat an apple and a tomato, and you recited borei pri ha’adamah on the tomato? Do you now recite a borei pri ha’eitz on the apple or is it covered with the borei pri ha’adamah that you recited on the tomato.”

“I understand,” replied Leah. “One is not supposed to recite ha’adamah on an apple, but if one did, he fulfilled his requirement. However, if one is eating an apple and a tomato, and recited ha’adamah and then ate the tomato, he still must recite ha’eitz on the apple.”

“Precisely.”

“But why is this?”

“The ha’adamah does not usually apply to the apple which does not grow directly from the ground. However, when there is nothing else for the ha’adamah to refer to, it does apply to the apple since it grows on a tree which grows from the ground. Therefore when one recites ha’adamah on an apple, one does not recite a new bracha. But when one recited the ha’adamah on a tomato, the bracha does not include the apple.”

“Are there any other examples of this rule?”

“There are many. Here’s one. As you know the correct bracha after eating grapes is al ha’eitz ve’al pri ha’eitz (for the land and for the fruits of the land), not al hagafen ve’al pri hagafen (for the vine and for the fruits of the vine), which refers specifically to wine. However, if one recited al hagafen after eating grapes, one should not recite a new bracha since the literal wording of the bracha includes all fruits of the vine, which also includes grapes (Shulchan Aruch, 208:15). But what happens if someone finished a snack in which he ate grapes and drank wine?”

“I believe he is supposed to recite al hapeiros ve’al hagafen,” Leah interposed.

“Correct. But what happens if he recited just al hagafen and forgot to say al hapeiros. Must he now recite a bracha of al hapeiros because of the grapes or was he yotzei with the al hagafen that he recited?

“Based on the direction that you are leading me, it would seem that he must recite al hapeiros since the bracha of al hagafen referred only to the wine he drank, just like the ha’adamah referred only to the tomato and not to the apple (Shulchan Aruch, 208:14).”

“Excellent.”

“May I conclude that someone who recited al hamichyah on wine fulfilled his requirement if he only drank wine, but did not fulfill their requirement to recite a bracha acharonah on the wine if they also ate cake?”

“Some poskim reach exactly this conclusion (Shu’t Har Tzvi #105). However, others rule that one has fulfilled the requirement of a bracha acharonah on the wine also and should not recite al hagafen. They reason that al hamichyah includes any food that satisfies, even while eating another food (Kaf HaChayim 208:76). That is why I told you that having someone be motzi you in the bracha acharonah is the best option since it covers all bases.”

“This whole discussion is very fascinating, and I think it leads into the next question I want to ask. I know that the correct bracha after eating grapes is al ha’eitz ve’al pri ha’eitz but the correct bracha after eating most fruit is borei nefashos. What do you do if you eat both grapes and apples as a snack? Somehow it does not sound correct that you make two brachos.”

“You are absolutely correct. Although the bracha after eating an apple is borei nefashos, when one recites al ha’eitz ve’al pri ha’eitz anyway, that bracha also covers the apples or other fruit that one ate (Shulchan Aruch 208:13).”

“What happens if I ate an apple and drank some grape juice at the same time? Do I recite one bracha or two afterwards?”

“This a really good question – Rav Moshe Feinstein actually has a tshuvah devoted exactly to this question. But before presenting his discussion, we first need to discuss a different shaylah.” I paused for a few seconds before I continued.

“What is the closing of the bracha we recite after drinking wine?”

“All I know is what it says in the sidurim and benschers. There it says to recite “al ha’aretz ve’al pri hagafen.”

“We follow this version (Taz 208:14), but actually there is another text to the bracha that is also acceptable.”

“What is that?”

“Some poskim close with al ha’aretz ve’al hapeiros, meaning that the closing of the bracha on wine is the same as it is on grapes, dates, or olives. According to this opinion, the bracha after drinking wine begins with al ha’aretz ve’al pri hagafen and ends al ha’aretz ve’al hapeiros (Rambam). Although I have never seen this text printed in any benscher or siddur, poskim quote it as a perfectly acceptable version (Shulchan Aruch 208:11). However, according to both opinions one begins the bracha with the words al hagafen ve’al pri hagafen.”

“May I ask you something at this point,” Leah interjected. “You told me before that if someone ate grapes and apples he recites just one bracha al ha’eitz ve’al pri ha’eitz for both the grapes and the apples. Will this affect whether one can say the same bracha after wine and apples? Even according to the opinion that one concludes by mentioning fruit, he began by saying al hagafen ve’al pri hagafen and does not mention fruit until the end of the bracha. Does this affect whether one bracha suffices for both the wine and the apple?”

I must admit that I was astounded by the pure brilliancy of her analysis. Leah was unaware that she had just unraveled the core issue in Rav Moshe’s teshuvah (Shu’t Igros Moshe, Orach Chayim #72) on the subject, and that she had zeroed in on a dispute among the poskim whether this bracha that begins with a reference to grapes and ends with a bracha on fruits suffices to fulfill the bracha on another fruit.

“Now I can explain the shaylah you asked about someone who ate an apple and drank grape juice at the same time. Rav Moshe says that it depends what bracha he recites at the end of the bracha after drinking the grape juice. If he recites al ha’aretz ve’al pri hagafen then he should recite a borei nefashos afterwards because neither part of the bracha referred to fruit, only to grapes. However, if he concludes al ha’aretz ve’al hapeiros there is a dispute what to do and one should not recite a borei nefashos.

“May I ask one last question for the day if I might?”

“Feel free to ask as many as you like. My greatest pleasure in life is answering questions about Torah.”

“I know that when we eat fruit that grew in Eretz Yisroel we modify the end of the bracha acharonah to reflect this fact. Do we do the same thing if we drink wine produced in Eretz Yisroel?”

“After drinking wine or grape juice produced from grapes that grew in Eretz Yisroel one should recite al ha’aretz ve’al pri gafnah, for the land and for the fruit of its vine, or al ha’aretz ve’al peiroseha, for the land and for its fruit, thus praising Hashem for our benefiting from the produce of the special land He gave us.

“What bracha do we recite after eating cake or crackers made from flour that grew in Eretz Yisroel?”

“Some poskim contend that one should recite “al michyasah” on its produce after eating flour items that grew in Eretz Yisroel (Birkei Yosef 208:10; Shu’t Har Tzvi #108). However, the prevalent practice is to recite “al hamichyah” and not “al michyasah” after eating pastry or pasta items even if they are made from flour that grew in Eretz Yisroel (Birkei Yosef 208:10).”

“Why is there a difference between flour and wine?”

“When eating fruit and drinking wine, the different nature of the source country is very identifiable. Therefore its bracha should reflect a special praise of Eretz Yisroel. However, when one makes a product from flour, the source of the flour is not obvious in the finished product. Thus, praising Hashem for the special grain His land produces is inappropriate.”

“I have really enjoyed this conversation, and if possible would like to continue it at a different time with other questions.”

“It will be my pleasure.”

Leah left with a big smile on her face, having now mastered a new area of halacha. Although I was technically the teacher of the meeting, I learned a tremendous amount from her in terms of enthusiasm about mitzvos and humility in serving Hashem.

Curious Kiddush Shaylos

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The Torah commands us to declare the sanctity of Shabbos, a mitzvah we fulfill when we recite kiddush before beginning the meal. Simple as this mitzvah appears, it sometimes involves interesting shaylos.

We recite kiddush before the seudah at night and also Shabbos morning. The Torah mitzvah of kiddush is fulfilled at night and has two brachos, one on the wine and the other is the special kiddush bracha. The daytime kiddush was instituted by Chazal in order to demonstrate that because the Shabbos meals are special we drink a cup of wine beforehand. (The psukim that we recite before this kiddush are a later minhag, presumably to emphasize that we are reciting kiddush.) One is forbidden to eat or drink before reciting kiddush. The poskim dispute whether an ill or weak person who eats before davening should make kiddush before doing so or after. There is also a dispute whether a woman makes kiddush before eating breakfast on Shabbos morning or whether she does not need to make kiddush until she eats later with her husband.

Someone who failed to recite the full kiddush at night for some reason, must recite it before or during one of the Shabbos day meals (Shulchan Aruch, Orach Chayim 271:8). We will later discuss an interesting application of this rule.

One can fulfill the mitzvah of kiddush either by reciting it oneself or hearing it from someone else who recites it. This happens when the head of the household recites kiddush for everyone at the table. Everyone is yotzei kiddush, he by reciting it and everyone else by hearing it. This is referred to as the baal habayis being “motzi” the others in their mitzvah.

Several requirements must be met in order to fulfill the mitzvah through hearing someone else’s kiddush. One of the requirements is that the person reciting kiddush must be obligated in the mitzvah. For this reason, only an adult can be motzi other adults.

When I was twelve-years old, I once spent Shabbos with my widowed grandmother, a”h. She wanted me, as the “man” of the house, to recite kiddush, and I was happy to oblige. Years later it occurred to me that my recital did not fulfill her obligation to fulfill the mitzvah of kiddush since I was under bar mitzvah at the time.

HEARING KIDDUSH

The people fulfilling the mitzvah must hear the kiddush. Therefore, if the baal habayis mumbles inaudibly they do not fulfill the mitzvah. Trying to solve this problem can sometimes create shalom bayis issues or hurt someone’s feelings. A rav’s direction may be very helpful.

Someone once asked me the following shaylah. His father-in-law recited kiddush in a very garbled manner. Even if his father-in-law indeed recited a full kiddush, he (the son-in-law) did not hear enough to be yotzei. How could he fulfill the mitzvah of kiddush without hurting anyone’s feelings ?

I proposed two possible suggestions. One was to find some practical excuse why he (the son-in-law) should recite his own kiddush after his father-in-law (such as this is his personal custom). Alternatively, if this is not a practical solution, he and his wife could discreetly make kiddush in their own room beforehand. (Of course, this solution will not help when their children get older.) Later in this article, we will discuss whether one can recite kiddush in one room and eat in another.

KEEP THEM IN MIND

It is necessary that the person making kiddush intend to be motzi those who want to fulfill the mitzvah, and they must have intent to fulfill the mitzvah with his recital. This leads us to a curious situation that once happened to me.

I was visiting the Schwartzes (Note: all names have been changed) for Shabbos and they honored me to recite kiddush first – or so I thought. I assumed that I was reciting kiddush for myself and that the baal habayis would then recite kiddush for his family. However, upon completing my kiddush, it became clear that the family had assumed that I had made kiddush for them as well. But since this was not my intention, they were not yotzei.

It turned out that the head of household was embarrassed to recite kiddush in my presence. Under the unusual circumstances, I may well have ended up reciting kiddush twice, one right after the other, because the family still needed someone to be motzi them in kiddush. Thus, if the baal habayis was still reluctant to recite kiddush, I could have recited it a second time for them because of the concept “Yatza motzi,” “someone who has already fulfilled the mitzvah may recite kiddush another time for someone who has not yet fulfilled it.”

HOW CAN I RECITE KIDDUSH WHEN I ALREADY PERFORMED THE MITZVAH?

One may recite a birchas hamitzvah (a bracha on a mitzvah) on behalf of another person (presuming that we are both obligated to fulfill this mitzvah) even if one is not presently fulfilling this mitzvah because of the principle “kol Yisroel areivim zeh lazeh,” “all Jews are responsible for one another,” (Gemara Rosh HaShanah 29a). This concept of “areivus” means that since I am responsible to help another Jew observe mitzvos, his responsibility to fulfill a particular mitzvah is also my mitzvah. Since I am responsible to see that my fellow Jew makes kiddush, I can recite the kiddush bracha on his behalf. For this same reason, I can still blow shofar in a shul and recite the brachos for other people even if I already fulfilled the mitzvah of shofar earlier.

MAKING KIDDUSH WHEN I WILL FULFILL THE MITZVAH LATER

I was once asked the following shaylah. Mr. Hirsch was hospitalized, and his wife was unable to make kiddush for her family. Mr. Goldberg, one of the Hirsch’s neighbors, asked whether he could make kiddush for the Hirsch family on his way home from shul and then go home and make kiddush for his own family. I told him that this was perfectly acceptable. However if he was not planning to eat anything at the Hirsch residence, he should not drink the kiddush wine but instead ask one of the Hirsch adults to drink most of a revi’is (about one-and-a-half ounces) from the cup (Shulchan Aruch, Orach Chayim 273:4; 271:13). I will explain later why Mr. Goldberg should not drink from the Hirsch goblet.

This seems strange. How can Mr. Goldberg recite “borei pri hagafen” and not drink any wine?

THE DISTINCTION BETWEEN THE DIFFERENT TYPES OF BRACHOS

The answer to this question needs an introduction. It is true that one cannot recite a bracha on food or fragrance (birchas ha’ne’henin) for someone else’s benefit unless he is anyway making that bracha for himself. This is because the other person is not fulfilling any obligatory mitzvah by reciting these brachos. He needs to recite a bracha because he is gaining benefit, not because he is obligated to perform a mitzvah. Therefore, the rule of areivus does not apply in this case. Because he has no absolute obligation, one does not share in his mitzvah and cannot make the bracha on his behalf.

However, the bracha on kiddush wine is different because it is considered part of the obligatory mitzvah of kiddush (Gemara Rosh HaShanah 29a). Therefore, Mr. Goldberg can also make borei pri hagafen for the Hirsches even though he is not drinking any wine. (It should be noted that it is disputed whether this halacha is true for the daytime kiddush.)

AN INTERESTING APPLICATION

Sometimes one has guests for a Shabbos daytime meal who have not yet fulfilled the mitzvah of kiddush this Shabbos at all. (A common application is when a guest is not yet observant.) This provides one with an opportunity to perform the additional mitzvah (in addition to exposing one’s guests to Shabbos) of kiddush. As explained above, the normal daytime kiddush is not a replacement for the night kiddush. Therefore, our unobservant lunch guests have not yet fulfilled the mitzvah of kiddush this Shabbos. How can one alleviate the situation?

Since kiddush can be recited the entire Shabbos day, one should recite the full Friday night kiddush on Shabbos daytime on behalf of his guests. Although he has already fulfilled the mitzvah, he can still be motzi his guests. However, in order to do so he must explain to them that hearing kiddush is a mitzvah and that they should listen to him with the intent to fulfill the mitzvah. (It is always a good idea to do this so that one’s guests know to fulfill the mitzvah.)

WHY COULDN’T MR. GOLDBERG DRINK THE CUP OF WINE?

Before answering this question, we need to explain the concept of “Ayn kiddush elah b’makom seudah,” “Kiddush must be recited in the place that one will be eating a meal” (Gemara Pesachim 101a).

The Gemara relates the following story. One Friday evening, Rabba made kiddush. Although his disciple Abaye was present, Abaye planned to eat his Shabbos meal in his own lodgings. Rabba urged Abaye to “taste something” before he left, voicing concern that the light in Abaye’s lodging might extinguish before his arrival, making it impossible to make kiddush there. (I presume that Abaye was unable to locate his wine in the dark.) Rabba pointed out that Abaye would not be yotzei with the kiddush he just heard unless he ate something at Rabba’s house because of “Ayn kiddush elah b’makom seudah,” (Gemara Pesachim 101a).

This halacha is derived from the pasuk “Vikarasa LaShabbos Oneg” (Yeshaya 58:13), which Chazal midrashically interpret to mean, “In the place where you declare the kiddush of Shabbos, you should also celebrate your Shabbos meal” (Rashbam and Tosafos ad loc.). From this we derive that one must eat a meal in the place that one recites kiddush.

WHAT IS CONSIDERED THE SAME PLACE?

The Gemara rules that someone fulfills kiddush if he recited (or heard) kiddush in one part of a large room and ate in a different part of the room since this is considered the same place. Some poskim contend that one should not move to a different part of the house unless he knew at the time of kiddush that he might do this (Magen Avraham 273:1; Mishneh Berurah 273:3) and even this should be done only under extenuating circumstances (see Biyur Halacha 273:1). However, if one recited kiddush in one building and then went to a different building without eating, one certainly did not fulfill the mitzvah of kiddush and must recite (or hear) it again. This is why Mr. Goldberg could not drink the Hirsch’s wine. Since he had no intent to eat at the Hirsch’s house, he could not fulfill the mitzvah of kiddush there. Therefore he also couldn’t drink the wine since one cannot drink before fulfilling the mitzvah of kiddush. (According to most poskim, Mr. Goldberg has another option: he could drink the kiddush and then another cup of wine. This would be considered kiddush b’makom seudah.)

KIDDUSH IN SHUL

These two concepts (areivus and ayn kiddush elah b’makom seudah) are the basis of the custom that the chazzan recites kiddush in shul Friday evening without drinking the cup of wine.

Why is kiddush recited in shul at the end of Friday evening davening?

The Gemara mentions that in its time guests often stayed and ate their Shabbos meals in rooms attached to the shul and someone recited kiddush in shul on their behalf. Since the guests were eating in the same building, it was considered “kiddush b’makom seudah” and they fulfilled their mitzvah.

However, the chazzan who makes kiddush does not fulfill his mitzvah since he is eating his meal at his house which is in a different building. Therefore, he should not drink the kiddush wine. Instead it should be drunk by a guest eating in the building, and if there are no guests the cup is drunk by children who are permitted to drink or eat before kiddush. (Although in general children should be taught to keep mitzvos like adults, there is no requirement of chinnuch in this case. Iy”H I hope to discuss this halacha in a future article.)

ANOTHER INTERESTING SHAYLAH

I was once asked the following question from someone who was a guest at a Shabbos bar mitzvah:

“The baal simcha made kiddush in the shul immediately after davening, but the kiddush was conducted in the shul’s social hall. Is this an acceptable way to fulfill the mitzvah?”

Based on the above discussion, we can answer this question. If the social hall was in a different building, they would need to recite kiddush again in the social hall. Assuming the social hall was in the same building as the kiddush, this was acceptable under extenuating circumstances, assuming that they ate in the social hall. It would be preferred that they follow a different procedure, such as having kiddush made in the social hall.

WHAT IS CONSIDERED A MEAL?

Rabba’s words (“taste something”) imply that one fulfills kiddush without necessarily eating a meal, notwithstanding the Gemara’s statement that one must eat a meal where he recites kiddush. The Gaonim explain that one must begin his meal where he said kiddush by either eating some bread or drinking wine and this answer is quoted in Shulchan Aruch (Orach Chayim 273:5). The Gaonim explicitly state that one does not fulfill kiddush b’makom seudah by eating only fruit. Although some poskim disagree, arguing that one fulfills kiddush b’makom seudah by eating fruit (Shiltei HaGiborim Pesachim 20a:1, quoting Riaz, as explained by Magen Avraham 273:11) the accepted practice does not follow this opinion (Magen Avraham 273:11; Shu”t Ayn Yitzchak #12).

Magen Avraham rules that one fulfills kiddush b’makom seudah by eating a kizayis-sized piece of mezonos (the same size piece that requires an “al hamichyah” blessing afterwards), and this is the prevalent practice followed on Shabbos morning when people often make kiddush and then eat pastry or crackers. Some poskim rule that one should not rely on drinking wine to fulfill kiddush b’makom seudah but instead eat mezonos or bread (see Rabbi Akiva Eiger to 273:5 and Mishneh Berurah 273:26).

Some people follow the practice of the Vilna Gaon to recite kiddush only immediately before the meal they are eating for the Shabbos seudah (see Biyur Halacha and Rabbi Akiva Eiger to 273:5). In his opinion the concept of “Vikarasa LaShabbos Oneg,” means that one should declare the kiddush of Shabbos specifically at the time that one celebrates the Shabbos meal.

KIDDUSH ON YOM TOV

I was once asked the following question. The director of a small senior residence used to always make kiddush for the residents and then go home to eat the Shabbos seudah with his family. One Yom Tov, there were only women in the residence. Could he make kiddush for them without eating there?

WHY SHOULD THERE BE ANY DIFFERENCE BETWEEN SHABBOS AND YOM TOV?

There might be a difference between Shabbos and Yom Tov in this regard. There is a dispute among the poskim whether women are obligated to recite kiddush on Yom Tov. The Gemara states that although women are usually not obligated to fulfill positive time-bound mitzvos (mitzvos aseh she-ha’zman grama), there are numerous exceptions to this rule, including kiddush. Some poskim believe that only Shabbos kiddush is an exception and that women are not required to recite kiddush on Yom Tov (Shu”t Rabbi Akiva Eiger #1). Other poskim (Graz 271:5) contend that there is no difference between kiddush on Shabbos and kiddush on Yom Tov – women are required to recite both (or hear them from someone else).

Although the universal practice is that women hear kiddush on Yom Tov, the above dispute has major ramifications. We mentioned above that one can be motzi someone even when one is not now fulfilling the mitzvah because of the concept of areivus. This means that the person making kiddush carries some of the responsibility of the mitzvah for the person who has not yet fulfilled the mitzvah. However, according to Rabbi Akiva Eiger, a woman does not have a mitzvah of reciting kiddush on Yom Tov. Therefore, a man who is presently not fulfilling the mitzvah cannot recite kiddush on her behalf. According to Rabbi Akiva Eiger, he should eat something after making kiddush and fulfill his mitzvah of kiddush in the residence.

Kiddush sets the tone of the whole Shabbos meal. In the midst of remembering the details and requirements of this mitzvah, we should never forget to also focus on the beauty of Shabbos and the wonderful opportunity we are given to sanctify it verbally day and night!

Bedeviled by Stirring Events – or Some Insights on the Melacha of Losh

I  was recently asked the following question:

“My daughter came home from school telling us that she was taught that we cannot make deviled eggs on Shabbos because adding mustard and shaping them is considered ‘kneading’ the yolks. But I remember my mother always mixed hard boiled eggs with minced onion and oil on Shabbos morning shortly before the meal. Could my mother have been wrong?”

As our readership is aware, the Torah prohibits melachos on Shabbos not because they are taxing, but because these activities are significant and important (Gemara Bava Kamma 2a). As the Yerushalmi relates, after toiling for three and a half years to understand all the prohibited activities of Shabbos, Rabbi Yochanan and Reish Lakish concluded that each of the 39 major melachos (avos) has at least 39 sub-categories, called tolados, which are also prohibited min haTorah (Yerushalmi, Shabbos, beginning of 7:2). As is clear from the passage, these eminent scholars realized that the Torah prohibited these types of significant activity. As Rav Shamshon Raphael Hirsch notes, the Torah does not prohibit avodah, which connotes hard work, but melacha, which implies purpose and accomplishment (Commentary to Shemos 20:10).

One of the melacha activities prohibited on Shabbos is losh, kneading (Mishnah Shabbos 73a). Although building the Mishkan did not involve kneading dough, dying the cloth used in its construction required kneading a thick paste (see Rashi, Shabbos 73a and Gemara Shabbos 156a). (Some Rishonim contend that we derive forbidden melachos also from activities performed for the service of the Mishkan and the Beis HaMikdash, and not only from the Mishkan’s construction. According to these opinions, the melacha of kneading could be derived from the meal offerings of the Mishkan that involved the kneading of dough [Rav Hai Gaon, quoted in introduction to Maasei Rokei’ach].)

WHAT IS LOSH?

The concept of losh is to combine fine powders or similar small items into a unit by adding liquid (Shevisas HaShabas). Thus, mixing clay for pottery, or cement and sand into concrete, violate the Torah prohibition of losh (see Rambam, Hilchos Shabbos 8:16; Rashi, Shabbos 74b). Similarly, mixing oatmeal or reconstituting instant mashed potatoes violates the Torah prohibition of losh (in addition to whatever prohibitions of cooking may be involved).

Similarly, preparing certain food items on Shabbos might fall under the rubric of losh. For example, the Gemara discusses how one may mix bran with water to feed one’s animals. Although bran and water do not form dough, this is nevertheless prohibited since the bran sticks together (Shabbos 155b).

The Tannayim dispute whether one may add water to bran on Shabbos to feed one’s animals, Rebbe prohibiting because he feels that this constitutes a Torah violation of losh, whereas Rabbi Yosi ben Rabbi Yehudah maintains that adding water to bran involves only a rabbinic prohibition and is permitted in order to feed one’s animals if performed in an indirect way. This introduces a new concept in the laws of losh – that one may perform a rabbinically prohibited activity in an indirect way in order to prepare food or feed on Shabbos (Shabbos 155b- 156a). Performing a prohibited activity in an indirect way is called a shinui or kil’achar yad (literally, using the back of one’s hand), and is usually prohibited miderabbanan. However, under extenuating circumstances, Chazal relaxed the prohibition.

Losh applies only when mixing fine items that stick together to form a unit. It does not apply when adding liquid to large items even if they stick together, since they do not combine into one item (Taz, Orach Chayim 321:12). Therefore, one may use oil or mayonnaise to make a potato salad or tuna salad on Shabbos if the pieces of potato or tuna are large enough to prevent the salad appearing like a single mass.

BATTER VERSUS DOUGH

The Gemara implies that there is a halachic difference between a belilah rakkah, the consistency of batter, and belilah avah, the consistency of dough. By batter we mean a mix that does hold together, so it is not a liquid, yet is fluid enough that one can pour it from one bowl to another (Chazon Ish, Orach Chayim 58:9). Creating a batter involves only a rabbinic violation, whereas mixing a consistency like dough, which is thick enough that one cannot pour it, has stricter rules, often involving a Torah violation.

If the mix does not hold together at all, then one may mix it without any concerns because it is considered a liquid (Chazon Ish, Orach Chayim 58:9).

DEVILING THE EGGS

Based on the above discussion, it would appear that one may not mix egg salad or deviled eggs on Shabbos without a shinui, and possibly not even with a shinui. The mix created when making these foods cannot be poured, and therefore does not qualify as a “batter” but as “dough,” which may entail a Torah prohibition of mixing on Shabbos. We may usually not perform Torah prohibitions with a shinui on Shabbos to prepare food.

However, a standard appetizer in many parts of Europe for the Shabbos day meal was to stir together hard-boiled eggs, minced onion and schmaltz, a dish called “eggs and onions” that required preparation immediately before serving. Was it permitted to mix “eggs and onions” on Shabbos or did it violate the prohibition against kneading on Shabbos since the finished product was mashed egg and onion held together with fat? Although it would seem to be prohibited to prepare this food on Shabbos, this food was commonly prepared every Shabbos morning prior to serving. Does this mean that all these observant Jews were violating the Torah’s command? When we consider that this was the standard appetizer eaten by thousands of Jewish households every Shabbos for hundreds of years, it is difficult to imagine that millions of eggs and onions were prepared in violation of the laws of Shabbos!

Several halachic authorities raise this question, providing a variety of approaches to explain why one may blend eggs and onions on Shabbos. Could the reason to allow this apply to contemporary devilled eggs or egg salad?

Some contend that this mixing was permitted only when the pieces of egg and onion were both large enough to prevent the mix from having a dough-like consistency, but rather looked more like large pieces stuck together. However, the prevalent approach was to chop the eggs and onions into a very fine consistency, in which case the above-mentioned leniency was not applicable.

Other authorities permitted mixing and stirring them together only with a shinui, although apparently the prevalent custom was to mix it without any shinui at all.

RAV SHELOMOH KLUGER’S APPROACH

Rav Shelomoh Kluger, a great luminary of Nineteenth Century Poland, proposed a highly original reasoning to legitimize the preparing of the eggs and onions on Shabbos. Regarding various halachos of the Torah, predominantly the laws of tumah and taharah, only seven substances are considered liquids — wine, blood, olive oil, milk, dew, honey and water. Rav Kluger contended that the halachos of losh are also dependent on the use of one of these seven liquids to create the “dough” (Shu”t HaElef Lecha Shelomoh, Orach Chayim #139). According to this novel approach, no losh prohibition is involved if one uses mayonnaise or any oil other than olive oil, nor if one makes dough on Shabbos using only juice other than grape juice.

We should note that following this line of reasoning, not only may one prepare the famous eggs and onions mixture, but one could also prepare devilled eggs or egg salad on Shabbos provided one does not use olive oil as the liquid. Although some may prefer use of olive oil for its cholesterol and other medical benefits, this would not justify violating the laws of Shabbos.

However, Rav Kluger’s approach is not without its detractors. For one thing, as he himself points out, his approach disputes the statement of a highly-respected earlier authority, the Pri Megadim (Mishbetzos Zahav 321:12), who contends that losh is violated when one mixes foods together with goose schmaltz (a common ingredient in European homes in his era). This demonstrates clearly that any substance that causes items to stick together violates losh, at least according to some widely-accepted opinions. For the most part, later authorities have not accepted Rav Kluger’s contention limiting losh to the “seven liquids.”

Rav Shelomoh Kluger applied a second reason to permit the preparation of eggs and onions on Shabbos. He theorized that losh only applies to the earth itself or to items that grow from the ground — thus precluding eggs from the prohibition of losh. Although this approach only resolves the losh consideration germane to the eggs in the mixture but not to the onions, Rav Kluger further contended that the onions are also exempt from losh since the eggs are the main ingredient. He maintained that when mixing several items, of which losh applies only to some, halacha considers only the major ingredient and ignores the rest (Shu”t HaElef Lecha Shelomoh, Orach Chayim #139).

This second approach of Rav Shelomoh Kluger is also not without its detractors. Both the contention that losh applies only to items that grow from the ground, and the further supposition that one ignores the lesser item are challenged by later authorities (see Tzitz Eliezer 11:36:3, quoting Yad Yosef).

OTHER APPROACHES

Other reasons are quoted to permit making “eggs and onions” on Shabbos, including a suggestion that there is no losh prohibition to stir in an ingredient added for taste even if it indeed causes the food to hold together. (This position is quoted by the Tzitz Eliezer 11:36 in the name of a great scholar; however, the Tzitz Eliezer rejects the argument.) According to this approach, one might argue that one may make deviled eggs on Shabbos since the mustard is primarily added for flavor, although one could argue alternatively that one’s intent is to create a consistent filling, which is losh.

Others permit the mixing of eggs and onions because they do not form into a gush, that is, a single unit (Shu”t Be’er Moshe 6:44). According to this reasoning, deviling eggs is forbidden since one is indeed forming units of seasoned mashed egg yolk.

RAV SHELOMOH ZALMAN AUERBACH’S APPROACH

Rav Shelomoh Zalman Auerbach presented a different reason to permit mixing “eggs and onions” on Shabbos, which requires a small introduction. At the time of the Gemara, neither Post nor General Mills had yet cornered the market on breakfast cereal, and people were forced to prepare their own breakfast. The Cheerios of the day involved mixing a specialty flour called kali, made from toasted kernels, with oil, water and salt. The Gemara quotes an opinion that permits mixing kali on Shabbos provided one uses a minor shinui while doing so (Shabbos 155b). Several authorities question why the Gemara is so lenient in this instance (Nishmas Odom; Biyur Halacha). Allow me to explain the basis of their concern:

Usually, a shinui may be used on Shabbos in only one of two circumstances:

1. To prepare food that without the shinui involves only a rabbinic prohibition.

2. To prepare the food in a radically different way than it is usually prepared. An example of the latter method is that although one may not chop items fine on Shabbos, one may crush them with the handle of a knife. Since this is a radical departure from the usual method of mashing items with mortar and pestle or other grinding implements, Chazal permitted crushing food this way (Shibolei HaLeket #92, based on Gemara Shabbos 141a).

Thus we are faced with the following anomaly: The Gemara permits mixing kali on Shabbos, seemingly permitting a Torah prohibition of losh by means of a minor deviation from the normal method of preparing this food. This should not be permitted on Shabbos.

The Biyur Halacha responds to this question with two different novel approaches to explain why this is permitted:

1. Mixing a food that is already cooked or toasted and ready to eat does not violate the prohibition of losh. Since these kernels are not used for bread, but are ready to eat after mixing them, this mixing is not considered the prohibited melacha of losh, but is to be treated no different min haTorah from any other preparing of food. Although Chazal prohibited this preparation because it looks like kneading, it is permitted with a shinui as are many other food preparations.

2. The Biyur Halacha suggests an alternative approach: there is no violation of losh while one is eating. This is similar to a concept found by other melachos, notably selecting and grinding, that permits performing these activities immediately before consuming them.

This approach has its detractors, since no early authorities note that this lenience applies to losh, and logically there is a big distinction between selecting and grinding, which are processes that are absolutely essential to normal eating, and kneading, which is not essential (see Magen Avraham 321:24).

RETURNING TO EGGS AND ONIONS

Based on both approaches of the Biyur Halacha, Rav Shelomoh Zalman Auerbach notes that preparing eggs and onions should be permitted because this food cannot be prepared before Shabbos and will become ruined if not prepared shortly before eating. (A similar approach to explain the custom of mixing eggs and onions is presented by an earlier authority, the Tehillah LeDavid 321:25).

In addition, Rav Shelomoh Zalman Auerbach reasons that losh is a process that one does while eating since one mixes food together in one’s mouth (Shulchan Shelomoh 321:16). This author does not understand the last statement of Rav Shelomoh Zalman Auerbach, since the processing of food that takes place in one’s mouth, chewing, reduces food to small particles and does not combine small particles into larger ones, which is the essence of losh.

According to Rav Shelomoh Zalman Auerbach’s approach, preparing “eggs and onions” requires a shinui, meaning that one should add the ingredients to the bowl in an inverted order than one usually does, and should also preferably stir the mix in an unusual fashion, such as not in normal circular strokes but with alternative crisscross motions instead.

However, the approaches mentioned earlier permit mixing eggs and onions without any shinui at all. When reading later halachic works, one finds many poskim who feel that one should avoid preparing eggs and onions on Shabbos, and at a minimum certainly not without a shinui, whereas others are suspicious of those who question such a time-hallowed practice (Be’er Moshe; Tzitz Eliezer).

It is also noteworthy that the first approach presented by the Biyur Halacha should permit not only the famous “eggs and onions” that were an essential part of Jewish cuisine for hundreds of years, but also preparing either egg salad or deviled eggs on Shabbos. Furthermore, according to the second approach one would be permitted to prepare them immediately before the meal just as one may select immediately before the meal. In both instances, one would need to use a shinui of mixing the ingredients in a different order and not stirring with the usual circular motions.

Where does that leave our deviled eggs or egg salad on Shabbos? As in all areas of halacha, one should consult with one’s posek how to prepare these items on Shabbos. The goal of this discussion is to present the background of the halachic issues that form the basis for the varying piskei halacha on this issue.

The Torah commanded us concerning the halachos of Shabbos by giving us the basic categories that are prohibited. Shabbos is a day that we refrain from altering the world for our own purposes but instead allow Hashem’s rule to be the focus of creation by refraining from our own creative acts (Rav Shamshon Raphael Hirsch’s Commentary to Shemos 20:10). By demonstrating Hashem’s rule even over non-exertive activities such as kneading, we demonstrate and acknowledge the true Creator of the world and all it contains.

When May I Ask a Gentile for Help on Shabbos? Part II

While enslaved in Egypt, the Jews worked every day, and one of the special days celebrated to commemorate our Exodus is Shabbos. Observing Shabbos includes not only keeping the mitzvos ourselves, but also knowing when I may ask a non-Jew to perform prohibited activity, and when may I benefit from work performed by a gentile on Shabbos.

Each of the following questions describes a situation that people have asked me:

Question #1: A non-Jew turned on the lights for me on Shabbos. May I use this light to read?

Question #2: It is chilly in our house. May I ask a gentile neighbor to turn up the heat?

Question #3: There is problem with our electricity – the lights have gone out, and my son is terrified. May I ask a gentile electrician to repair the power on Shabbos?

Question #4: We left the air conditioning off, and it became very hot on Shabbos. May I ask a non-Jew to turn the air conditioning on?

Question #5: I did not realize that I parked my car in a place where it will be towed away. May I ask a gentile neighbor to move it?

A Jew may not ask a gentile to perform activity that a Jew himself may not do. Chazal prohibited this, because asking a gentile to work on Shabbos diminishes our sensitivity to doing melacha ourselves. Furthermore the gentile functions as my agent, and it is therefore considered as if I did melacha work on Shabbos.

One may not benefit from melacha performed for a Jew by a gentile on Shabbos even if the Jew did not ask him to do the work (Shulchan Aruch Orach Chayim 276:1). Thus if a gentile turned on a light for the Jew’s benefit without being asked, a Jew may not use the light.

This article will discuss when I may directly ask a gentile to do melacha and when I may benefit from what he does.

BENEFITING FROM GENTILE LABOR

In general, if a gentile does melacha work for me on Shabbos, I may not benefit from what he did until enough time has elapsed after Shabbos for the work to have been performed after Shabbos (Gemara Beitzah 24b; Shulchan Aruch Orach Chayim 325:6). Thus if a gentile baked an apple for me on Shabbos, I may not eat it after Shabbos until the time it takes to bake an apple. This way I receive no benefit from the work he performed and I am not tempted to ask him to do melacha for me at a different time (Rashi and Tosafos, Beitzah 24b).

However, if a non-Jew did work specifically for himself or for another non-Jew, I may benefit from his work even on that Shabbos itself (Mishnah Shabbos 122a). Therefore, if he turned on a light to see where he is going or to be able to read, I may read by the light. There is an exception to this lenience that I will explain shortly.

The Gemara tells us the following story: The great Amora Shmuel was visiting a man named Avin in the town of Torin, when a gentile entered the room and kindled a light. Shmuel assumed that the non-Jew had ignited the light for Shmuel’s benefit, which would make it forbidden to use the light. In order to point out the fact that he was not using the light, Shmuel turned his chair around, with his back to the light, so that it was obvious that he was not using it. Shortly thereafter, the gentile returned with a document that he proceeded to read. Shmuel now realized that the gentile had kindled the light for his own benefit and that he (Shmuel) was permitted to read by the light (Gemara Shabbos 122b).

Sometimes I may not benefit from work performed by a gentile even though he performed the work to benefit a gentile. This is in a case where there is concern that my benefiting from the activity might encourage the gentile to do more work than he needs for himself in order to benefit me. For example, if a gentile who knows me heated up a kettle of water because he wants a cup of coffee, I may not drink a cup of hot water from this kettle. The reason is that at some time in the future, he might decide to add extra water to the kettle that he is heating so that I can benefit (Gemara Shabbos 122a).

REMOVING IMPEDIMENTS

If a gentile did work that results in removing an impediment that was disturbing a Jew, I need not be concerned about benefiting from the non-Jew’s melacha activity. For example, if he turned off the light so that a Jewish person can sleep, one may go to sleep. This is not considered as receiving benefit from a gentile’s Shabbos activity, since extinguishing the light only removed an obstacle and created nothing positive.

PARTIAL BENEFIT

Another instance that is not considered as receiving benefit from melacha activity is when I could already benefit before the gentile performed the melacha, and his melacha only makes it easier to do what I wanted. For example if there is enough light to read, and a gentile turns on additional light, I may continue to read even though it is now easier to read. This is not considered as benefiting from the gentile’s melacha since I could have read even if he did not do the melacha (Shulchan Aruch Orach Chayim 276:4). Similarly, one may eat a meal by the light that he provides, if one could eat even without the additional light. (Note that one may not ask the gentile to turn on the light in any of these instances.)

The poskim dispute whether in the above scenario I may continue reading after the original light burns out. Some contend that once the light has gone out, I may no longer read in the room since I am now benefiting from what the gentile kindled on Shabbos (Shulchan Aruch Orach Chayim 276:4; Bach; Magen Avraham). Others contend that since I was permitted to read when the light was kindled, I may continue to read even after the original light extinguished (Taz 276:3). Mishnah Berurah concludes that one should follow the first opinion.

I once spent Shabbos in a kosher hotel for a family simcha. I arrived early for davening Shabbos morning, intending to learn beforehand, to discover that the lights were still out in the shul. I assumed that the lights were set to go on by a Shabbos clock and sat down near a window to learn in the interim. Fifteen minutes before davening started, a gentile employee of the hotel arrived and turned on all the shul lights. This involved two prohibitions: 1. Since the gentile was an employee of the Jewish owned hotel, the hotel should not have arranged for him to do melacha on Shabbos. 2. One may not benefit from the work he did. Thus, it is forbidden to read in the shul if you need the light to read.

However, as long as enough light came in through the windows to read, I could continue to read using the artificial light, since I could in any case read near the window. However, I could not read anywhere else in the shul. Furthermore, once it gets dark outdoors and I can no longer read by the natural light, most authorities prohibit reading by the kindled light.

MUST I LEAVE HOME?

According to what we have just explained, it would seem that if a non-Jew turned on the light in a house because he wanted to benefit a Jew, one may not benefit from the light and would have to leave. However, Chazal ruled that one is not required to leave one’s house if one did not want the gentile to turn the light on. Although one may not benefit from a non-Jew’s melacha on Shabbos, one is not required to leave one’s house in order to avoid benefiting from melacha that he did against one’s will (Rama 276:1, quoting Yerushalmi). In all instances like this, one should tell the gentile that you do not want him to do the melacha.

WHEN MAY I ASK A GENTILE TO WORK ON SHABBOS?

Under certain extenuating circumstances, Chazal permitted asking a gentile to do melacha that a Jew may not do himself. I will group these situations under the following categories:

I. Situations when I may ask a gentile to perform work that would be prohibited min haTorah for a Jew.

II. Situations when I may ask a gentile to perform work that is prohibited mid’rabbanan.

I. There are a few situations where I may ask a gentile to perform something that would be a Torah prohibition if I did it myself. I may ask a non-Jew to perform a melacha for someone who is “choleh kol gufo,” literally, his entire body is sick. This means that although the person is in no danger, his illness is more than just a minor annoyance but affects his entire body (Gemara Shabbos 129a; Shulchan Aruch 328:17). For example, I may ask a gentile to drive this person to a doctor, to pick up a prescription, or to turn a light on or off. This leniency applies to someone whose illness affects his entire body, or who is sick enough to be bedridden. Later in the article, I will discuss the halachos that apply to someone who is not well, but who is feeling better than the person just described.

CHILDREN

Since children often get sick and are generally weaker than adults are, halacha considers a child as choleh kol gufo (Rama 276:1) when there is a great need (Mishnah Berurah ad loc.). Therefore if it is cold indoors, one may ask a non-Jew to turn on the heat for the sake of a child, and then an adult too may benefit from the heat.

Until what age do I consider a child a choleh kol gufo? Many poskim contend that any child under the age of nine is in this category (Shu’t Minchas Yitzchok 1:78), although other poskim are less lenient.

Halacha treats a child who is afraid of the dark as a choleh kol gufo (Ketzos HaShulchan 134:18). Therefore if the light went out and a child is afraid, one may ask a gentile to rectify the problem.

We can now answer Question #3 above: “There is problem with our electricity – the lights have gone out, and my son is terrified. May I ask a gentile electrician to repair the power on Shabbos?” Under these circumstances, one may.

COLD ADULTS

When it is very cold, one may ask a gentile to turn on the heat even for adults even if this involves doing a Torah prohibition. This is because everyone is considered sick when it comes to the cold. When it is chilly but not freezing, the poskim dispute whether I may ask a non-Jew to turn on the heat for the sake of adults when there are no children or ill people around (Shulchan Aruch 276:5 and commentaries).

Thus, we can now answer Question #2: “It is chilly in our house. May I ask the gentile next door neighbor to turn up the heat?” The answer is that it depends on how cold it is, and who is affected by the lack of heat.

WIDESPREAD TRANSGRESSION

Another situation where one may ask a gentile to do melacha that is prohibited min haTorah, is if it is necessary to prevent many people from transgressing the Torah. For example, if one discovered that the eruv is down, one may ask a non-Jew to repair it on Shabbos even though he will have to perform activities that would be prohibited min haTorah (Mishnah Berurah 276:25), such as driving his car, tying a knot, or carrying in a reshus harabim min HaTorah.

II. Situations when I may ask a gentile to perform work that is prohibited mid’rabbanan.

SHVUS DI’SHVUS

Under certain other circumstances, Chazal permitted asking a gentile to do something that would be prohibited mid’rabbanan for a Jew. The poskim usually refer to this lenience as shvus di’shvus. In general, this is permitted in any of the following situations:

(A) If a person is slightly ill.

(B) There is a major need.

(C) In order to fulfill the observing of a mitzvah (Shulchan Aruch Orach Chayim 307:5).

I will now explain these three situations:

(A) Earlier, I noted that if someone is ill, one may ask a gentile to do something that would involve a Torah prohibition for a Jew — when the person’s illness affects his entire body, or if he is sick enough to go to bed. If the person is less ill, one may ask a gentile to do something that involves only a rabbinic prohibition (for a Jew), but not a Torah prohibition.

Included under this category is if the person is suffering from considerable pain (Gra on Orach Chayim 325:10; Aruch HaShulchan 307:18). Thus, someone who caught his finger in a door may ask a non-Jew to bring ice through an area without an eruv if he has no ice in his house. Similarly if an insect bit him, he may ask a gentile to buy medicine to alleviate the pain.

Based on the above heter, may one ask a gentile to turn on the air conditioner if it gets very hot? Does this qualify as alleviating a great deal of suffering? And is operating the air conditioning considered a Torah violation or a rabbinic violation, for which we may be lenient because of shvus di’shvus?

This question was the subject of a dispute by the last generation’s poskim. Minchas Yitzchok (3:23) permits asking a gentile to turn it on, quoting L’vush who explains that once people are unaccustomed to the cold, halacha considers them to be ill even if it is not that cold — Therefore one may ask a gentile to kindle a fire for them. However, he then quotes sources that contend that being too hot is not the same as being too cold. He concludes that someone who is accustomed to moderate weather suffers when it is very hot and humid and may therefore ask a non-Jew to turn on the air conditioning because it is shvus di’shvus bimakom tzaar (to alleviate suffering). Similarly, his mechutan, the Chelkas Yaakov (3:139) permitted having a non-Jew turn on the air conditioning because of shvus di’shvus bimakom tzaar.

On the other hand, Rav Moshe prohibited asking a gentile to turn on the air conditioner because it is benefiting from work performed by a gentile on Shabbos (Shu’t Igros Moshe, Yoreh Deah 3:47:2). Thus, Rav Moshe forbids benefiting even if one did not ask the gentile to turn on the air conditioning, but merely hinted, such as by telling him, “It is really hot here!” hoping that he catches the hint. Evidently, Rav Moshe did not consider this as a makom tzaar that permits one to benefit from a gentile’s activity on Shabbos.

Thus in answer to Question #4, “We left the air conditioning off, and it became very hot on Shabbos. May I ask a non-Jew to turn the air conditioning on?” we see that the poskim dispute whether this is permitted or not.

(B) One may ask a gentile to perform an issur d’rabbanan in case of major need. There are three opinions as to how much financial loss this must entail to be considered a major need.

(1) Some rule that one may ask the gentile even if there is no financial loss as long as there is a great need (Shulchan Aruch Orach Chayim 307:5; Graz 307:12). According to these poskim, if one’s clothes became torn or dirty on Shabbos and he is embarrassed to wear them, he may ask a gentile to bring him clean clothes through an area not enclosed by an eruv.

(2) Other poskim rule more strictly, contending that one may be lenient only if a major financial loss will result (Magen Avraham 307:7). According to these poskim, if one discovered that the plug of one’s well-stocked freezer is disconnected, one may ask a non-Jew to reconnect it on Shabbos.

(3) A third opinion contends that major financial loss is not sufficient reason to permit shvus di’shvus unless there is some physical discomfort as well (Eliyah Rabbah 307:14). We usually follow the second opinion quoted and permit a shvus di’shvus in case of major financial loss. Furthermore, we allow shvus di’shvus even if it is uncertain that a major loss will result, but it is a good possibility (see Shaylas Yaavetz 2:139). As a result, one may ask a gentile to plug in the freezer even if one is uncertain whether the food will go bad.

Note that none of the opinions I quoted permits asking a gentile to violate a Torah law to avoid financial loss. Thus, this would answer Question #5 that I mentioned above: “I did not realize that I parked my car where the city will tow it away. May I ask a gentile neighbor to move it to avoid this major expense?” The answer is that one is not allowed to ask him. However, one may hint to the gentile in an indirect way by saying, “My car is parked in a place where it might get towed,” as I explained in a different article on this subject.

(C) I may ask a gentile to do something that is only an issur d’rabbanan in order to enable me to perform a mitzvah. For example, inviting a guest who is visiting from out of town, or a guest who otherwise would have nowhere to eat, fulfills the mitzvah of hachnasas orchim. (Inviting another family over for a Shabbos meal may be a very big chesed for the wife of the guest family, but it does not qualify as the mitzvah of hachnasas orchim [Rama 333:1]). Therefore, if one realizes on Shabbos that one does not have enough chairs for everyone to sit at the table, one may ask a gentile to bring chairs from a neighbor’s house even when there is no eruv. Other poskim are more lenient, permitting asking a gentile to bring any food or beverage that enhances Shabbos (Aruch HaShulchan 307:18).

Some authorities permit asking a gentile to perform a Torah melacha in order to allow the observance of a mitzvah. This is a minority opinion and should not be followed. However, there was an old custom among European Jewry to permit asking a gentile under these circumstances. This custom has halachic sources in the following Rama who rules:

“Some permit telling a gentile to kindle lights for the sake of the Shabbos meal because they contend that in order to fulfill a mitzvah (such as having a nice Shabbos meal) one may ask a gentile to perform even a real melacha that would be forbidden for a Jew to do min haTorah. Following this approach, many are accustomed to be lenient and command a gentile to kindle lights for the purpose of the Shabbos meal, particularly for wedding and bris meals, and no one rebukes them. However, one should be strict in this matter when there is no extenuating need since most of the halachic authorities disagree” (Rama 276:2).

In conclusion, we have discovered that in certain extenuating instances Chazal permitted melacha performed by a gentile, but that one should not extend these heterim to situations not included. When using a non-Jew to do normally forbidden work, one should focus that one’s intent is not, chas v’sholom, to weaken the importance of Shabbos, but rather the kavod Shabbos that will result.

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