Sabra in Halacha

Question #1: Colonche and cladodes

I admit not knowing a colonche from a cladode, but is either of them kosher?

Question #2: Is it a pear or a fig?

What is the difference between cactus pears, Indian figs, and sabras?

Question #3: Bal tashchis

Someone has an Opuntia ficus-indica growing in his yard, which constantly sheds leaves. Whenever a leaf lands, it begins to grow roots and a new shrub begins growing. Is it bal tashchis for him to destroy the new plant, since it is a fruit-producing tree?

Introduction

This article is about the sabra, the most commonly cultivated cactus, and a fascinating and highly beneficial pear-shaped fruit, with some very interesting halachic ramifications. Its scientific name, Opuntia ficus-indica, includes the genus Opuntia, andis based on the ancient Greek city of Opus, where an edible plant created new shrubs by growing roots, even from a fallen leaf, one of the many interesting features of the sabra that has halachic ramifications. The name of the species, ficus-indica,means “Indian fig.” We will find out why the sabra, which we identify with Israel and Israelis, is called an “Indian” fig.

The origin of the word “sabra” is Arabic, where the word simply means a “cactus,” although it also translates as “patience.” Since Arabic originated from Hebrew, the origin of this word indeed has a Hebrew shoresh, סבל, which means “being patient.” Indeed, notwithstanding the many uses and health benefits that the sabra provides, it requires a good deal of patience to consume it, since the fruit, the flat, paddle-looking “branch” called a cladode, and the “trunk,” are all covered with small thorns and prickles (ouch!). The entire plant demonstrates incredible nifla’os haBorei; Hashem gave this shrub incredible tools for surviving in the unforgiving, dry desert.

Sabras are cultivated as a healthy food and fodder crop that needs little water and grows well in harsh conditions, particularly in places where other crops do not grow. As we will soon see, it is a plant that has a wide variety of commercial uses.

Native American

Most people do not realize that the sabra has American origins. Along with the bell pepper, cocoa, tomato, potato, corn (maize), soybean and innumerable other American goodies, this Mexican and Central American native was brought by the Spaniards to the Old World. Indeed, both the flag and the coat of arms of Mexico portray the sabra cactus.

The sabra’s western hemisphere origins explain why it is called an “Indian fig.” Remember, Columbus was looking for a route to India. This error is reflected in several misnomers, including one way of referring to Native Americans, the island group called “the West Indies,” and scientifically naming this fruit ficus-indica, which is what the sabra fruit is called in many languages.

Dessert in the Desert

The sabra is a very useful fruit and plant. Both the sabra fruit and its cladodes (branches) are edible, providing welcome nutrients in the desert. In Mexico, the cladodes are eaten as a salad green. In arid parts of Brazil, Opuntia ficus-indica is grown predominantly as forage for the country’s huge cattle herds. In Peru, it is grown predominantly as feed for the carmine beetle – a topic I will discuss shortly. In Morocco, sabras are processed extensively to create very expensive cosmetic oil. And in pre-1948 Eretz Yisrael, sabras were grown primarily to be a border between properties or to keep livestock from wandering.

Since the fruit does not ripen after it is harvested and spoils fairly quickly after picking, the Aztecs, the Mayas and many later producers used it in innumerable food products that are less perishable, such as sauces, juices, jams, candies, vinegar, flour, starches, pickled products, various healthy additives, and even a variety of pareve “cheese.” In addition, since there are several different colors of edible cactus fruit, they can be used as a very healthy food colorant for products like yogurts.

Colonche

In Mexico, sabras are fermented into colonche, a mildly alcoholic, red beverage, whereas in Italy they are processed somewhat differently into a liqueur called ficodi. (Please note that the liqueur called “Sabra” is made of citrus fruit and derives its name from Israelis, not the fruit.)

Colonche and cladodes

At this point, we have enough background to address our opening question: “I admit not knowing a colonche from a cladode, but is either of them kosher?” Who or what are colonche and cladode? Are they kosher?

By now, we know that colonche is an alcoholic beverage made by fermenting sabra fruit, whereas cladode is the name for the “branch” of the tree, which looks more like a paddle than a branch. We also know that there are two alcoholic beverages fermented from the sabra, and we can ask whether they are kosher. For that matter, we can ask about all the various other processed foods that are made from sabras: sauces, juices, jams, candies, vinegar, flour, starches, pickled products, food colorants and pareve “cheese.”

The answer is that all these products might present kashrus issues and would require a hechsher, although they all can be produced with a proper hechsher, should a manufacturer be interested. So, for someone interested in setting up his son-in-law in a new business with an original market, an idea would be to manufacture genuine Mexican cuisine, using the sabra plant as its base. I even have a few suggestions for brand names and products: Prickly’s Fig Liqueur, Maya Mia, and Aztec Araque.

Medicinal, therapeutic and cosmetic uses

The sabra’s medicinal properties were discovered in antiquity, including its value as an anti-inflammatory, diuretic and antispasmodic agent. It is rich in vitamins, amino acids, fiber, pectin, flavonoids and antioxidants. The vitamin E content of prickly pear oil is the highest among all cosmetic oils. The sabra fruit is also high in vitamin C and was often packed onto ships to prevent scurvy. Medical research continues to this day, including, for example, recent clinical evidence that the sabra reduces human cholesterol levels.

The tiny seeds of the sabra have superb cosmetic value. Indeed, one of the countries that thrive on the growth of the sabra is Morocco, where the cactus arrived south of the Strait of Gibraltar as early as the sixteenth century, shortly after arriving in Spain. The Moroccans, who are almost exclusively Muslim and therefore officially do not consume alcohol, could not market the liquor produced from Opuntia ficus-indica, but developed a vast international market of natural cosmetics based on the seeds of this fruit. So, your son-in-law’s business can now expand its original offerings of authentic Mexican cuisine washed down with Maya Mia to include Israeli-grown natural vitamin C, natural medical remedies and expensive cosmetics.

Good fences make good neighbors

In some countries, Opuntia ficus-indica was used as a border-marker between neighbors. As mentioned above, left unhindered, its dropped leaves form new plants, each with thorns and spikes, thus becoming quite a nuisance to cross – far more efficient than the famous stone walls of rural New England.

Carmine red

In its natural habitat, the cactus provides a home to scale insects called Dactylopius coccus and Dactylopius opuntiae, which feed on the cladodes. These small creatures have proved invaluable as the source of a bright red dye called cochineal. A cousin of this beetle, native to Egypt, has been known since the time of Tanach for its use as a crimson dye. Indeed, the word carmil appears in Divrei Hayamim as the source of the tola’as shani red dye used in the Mishkan and for the garments of the kohanim. According to Radak, this insect is the source of the dye. This engendered much controversy in the era of the rishonim, when many held that the source of a dye in the Mishkan cannot be non-kosher (Ra’avad, Hilchos Klei Hamikdash 8:13; Rabbeinu Bachyei, Shemos 25:3).

As mentioned above, sabra is grown in Preu primarily as feed for the carmine beetle. The western cochineal provides a dye eight times stronger than its old-world version, and this pigment was worth more than its weight in gold, until the advent of artificial dyes. The use of carmine red preceded the European invasions of America by centuries, as both the Aztecs and Mayas farmed the insect and its dye. When the Spanish imported the dye to Europe, they kept its source hidden for many years, thereby assuring themselves of great profits. In 1620, King Philip III of Spain stated, “One of the most valuable fruits grown in our Western Indies is the cactus pear; it produces value equal to gold and silver.” Certainly so, since it is difficult to grow either gold or silver, minimizing their profits to a single use.

The redcoats are coming!

There is a fascinating historic twist to the cochineal saga. The British, whose uniforms were bright red (presumably to make them highly recognizable on the battlefield), felt that they were overpaying Spain for the gorgeous new-world crimson dye. But, even after their spies discovered the source for the carmine red that they were purchasing, they could not develop an industry, since cacti will not grow in wet, chilly England, and British colonies in the eastern and northeastern parts of North America were also too cold for Opuntia ficus-indica. Even Georgia, named for the British monarchs, was too cold for this undertaking. So, the British looked at the vast holdings of their empire and decided that the huge deserts in Australia would service the British armed forces by providing a ready supply of red dye, once Opuntia ficus-indica was planted and Dactylopius opuntiae imported.

Invasion!

Shortly after planting Opuntia ficus-indica all over Australia, they discovered that not every invasion is advantageous, even for the conquering party. Much of Australia’s climate is perfect for the cactus, and there are no natural enemies to hinder its advance. Opuntia formed dense infestations that hindered livestock’s access to feed. Opuntia thorns injured animals, damaged fleece and hides, and interfered with the transportation of sheep to the shearing. The cactus was also wiping out native flora, causing a mammoth economic and environmental catastrophe. The redcoats were not so concerned about the environmental impact of their actions, but the potential destruction of a different invasive species, sheep, was a major concern that required immediate addressing, since this was the main product that the colony was intended to bring to the royal crown.

The solution is interesting. They discovered that one desert environment which had been detrimental to Opuntia ficus-indica and its red-coated inhabitants was in southern Argentina. They worked to discover what made the arid parts of Argentina so uninhabitable to sabras, eventually discovering a moth, Cactoblastis cactorum, (note the cognates to the word “cactus”) that loves cactus and destroys it. Thus, they were able to save the Australian continent from their own invasion by introducing another foreign species. Fortunately for the Mexicans, Peruvians, Brazilians, Moroccans and dwellers of Eretz Yisrael, no one attempted to introduce Cactoblastis cactorum to their deserts, which could have ruined their liquor, salad greens, dye, forage, cosmetics, boundaries, and your son-in-law’s potential business, before it even got off the ground.

Scaling down

It is curious to note that in Morocco, the cochineal scale is an unwanted pest that destroys the cosmetic value of the sabra, whereas in Peru the cactus fruit is cultivated exclusively for the dye created by this scale. Cochineal use is expanding, today, as a food and lipstick colorant, with Peru its biggest exporter, as people are increasingly concerned about the safety of artificial food additives.

A pear or a fig?

At this point, we can discuss our next introductory question:

What is the difference between cactus pears, Indian figs and sabras?

Sabra fruit is called by several other names, including “prickly pear,” “cactus pear,” “Indian fig,” “Barbary fig” and “Adam’s fig.” It is called “Barbary fig” because, after the Spaniards planted it in Spain, it began spontaneously growing in arid climates of Italy and North Africa, presumably as a result of bird droppings after they ate the sabra fruit. Thus, in many places, it became associated with the coastal areas of northwestern Africa, called the Barbary Coast.

In other words, the answer to the question, “What is the difference between cactus pears, Indian figs, Barbary figs and sabras?” is how you spell it.

At this point, let us address some halachic curiosities germane to the sabra:

Orlah

“If Opuntia ficus-indica is planted as a boundary marker, may one benefit from the fruit that grows during the first three years of the cactus’s growth?”

The Mishnah (Orlah 1:1) rules that fruits growing on a tree planted as a barrier or hedge, or for lumber or firewood, are not orlah. The reason is that the Torah states that the mitzvah of orlah applies only “when you plant a tree for food”(Vayikra 19:23), and these trees are not meant for food. The Yerushalmi (Orlah 1:1) contends that this rule applies only when it is obvious that they are not planted for their fruit; for example, they are planted closer together than what is beneficial for fruit growth, or the trees are pruned in a way that their lumber will develop at the expense of the fruit. Most poskim rule like this Yerushalmi (Rosh, Hilchos Orlah 1:2; Tur Yoreh Deah 294; Shulchan Aruch, Yoreh Deah 294:23).

Thus, whether sabra fruit is governed by the laws of orlah may depend on where the fruit is grown, but for an unusual reason. Those planted by the native population in Eretz Yisrael, where they were planted as boundary markers and natural fencing to keep the sheep and goats from wandering, are exempt from orlah. Those grown in Mexico for their fruit or for liquor produced from the fruit would be prohibited as orlah. And I’ll let you ask your rav whether those grown in Brazil or Peru are exempt from orlah.

Bal tashchis

At this point, let us address the last of our opening questions. As I was writing this article, a neighbor actually asked me this shaylah: He has an Opuntia ficus-indica growing in his yard, which constantly sheds leaves. Whenever a leaf lands, it begins to grow roots and a new shrub begins growing. Is it bal tashchis for him to destroy the new plant, since it is a fruit-producing tree?

It appears that there is no halachic concern to do so, since the new plant is not yet a tree, and all he is doing is preventing the tree from growing. Should the tree have begun to grow, the question becomes more serious. As I wrote in a different article, the rules governing when it is permitted to destroy a fruit-producing tree, such as a sabra, when there is benefit in doing so are complicated and controversial (Bava Kama 91b-92a; Rambam, Hilchos Melachim 6:8-9).

Tuna fish or fig?

We are all familiar with the word “tuna” as the name of a fish whose flesh is used for brown-bag lunches. The word “tuna” also carries another meaning; in Mexico, it is the name for the fruit that the Arabs call “sabra.”

Strange Coincidence

We know that there are no coincidences and that everything is part of Hashem’s plan. With that introduction, I will share with you what can be described as, perhaps, just a curiosity, or… perhaps, much more. The pasuk in Divrei Hayamim (II 3:14) describes the peroches as woven from techeiles, argaman, karmil, and butz, which is linen. This is the same peroches that the Torah describes in parshas Vayakheil (Shemos 36:35) and in parshas Terumah (Shemos 26:31) as made of techeiles, argaman, tola’as shani, and linen (Shemos 26:31). Similarly, when describing the artisans sent by King Chiram of Tzur to help Shelomoh Hamelech build the Beis Hamikdash, Divrei Hayamim (II 2:13) mentions karmil as one of the materials used in construction of the Mishkan, and omits tola’as shani. Obviously, karmil, cognate to the English words crimson and carmine, is another way of describing tola’as shani (see Radak and Ralbag ad loc.). The Radak (Divrei Hayamim II 2:6) and the Rambam explain tola’as shani to mean “wool dyed with an insect” (Hilchos Klei Hamikdash 8:13; although Rabbeinu Bachyei, Shemos 25:3, disagrees with them). Now, bear in mind that the cochineal scale insect, which is similar to the insect described by the Radak, was originally New World, but feeds, primarily, on a shrub that is now widely associated with Eretz Yisrael. How intriguing that the people of Israel are associated with a term that just “coincidentally” alludes to a dye used in the Beis Hamikdash.

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Warming Food on Shabbos

Because the Mishkan and Shabbos are both mentioned in this week’s parsha

Question #1: Near Fire

“May I warm food on Shabbos by putting it near the stove?”

Question #2: Kugel on Pot

“May I take a kugel from the refrigerator on Shabbos morning and place it on the cholent pot to warm?”

Answer

All the questions above relate to the laws of how one is permitted to warm food on Shabbos. Unless specified otherwise, assume that this article is discussing food that is already fully cooked and dry, such as baked or barbecued chicken or a kugel. Cooked liquids, such as soup or gravy, that have cooled off may not be warmed on Shabbos because this might be considered cooking them, a topic we will not discuss in this article.

Introduction

Chazal prohibited placing food, even fully cooked, to warm on Shabbos on a heat source. This was prohibited because it looks like cooking. However, there are a few ways that Chazal permitted warming food on Shabbos.

Near the fire

One way that they permitted is to place the food near a fire, but not on top of it (Shabbos 37a; Shulchan Aruch, Orach Chayim 253:1). This is permitted, because it is shelo kederech bishul, this is not a usual way to cook. If you build a bonfire or barbecue to roast hot dogs, steak or potatoes, you put the food in the fire or on top of it, but not alongside. On a chilly evening, people sit beside the fire to stay warm, specifically because they usually do not want to be cooked. Similarly, putting food alongside the fire is clearly meant to warm the food, not to cook it, and for this reason is permitted.

Other methods

The Ran permits several other methods of warming food on Shabbos. Some of these approaches are accepted by the other halachic authorities, whereas others are not. I am first going to mention two methods that he suggests that are not accepted by most other authorities:

Ketumah

In the context of a different but related prohibition called shehiyah, Chazal prohibited leaving cooking food on an open fire when Shabbos starts. This prohibition is to avoid the concern that someone might stoke the fire on Shabbos. However, Chazal permitted leaving cooking food on a fire covered with ashes, called ketumah. The Ran rules that once a fire is ketumah, it is permitted to return fully-cooked dry food to warm on that fire, even if the food is completely cold. However, most other authorities prohibit this (see, for example, Shulchan Aruch, Orach Chayim 253:2; Magen Avraham 253:25; cf., however, Rema 253:2).

Kugel on top of stove

I mentioned above that the Gemara permits warming food alongside a fire, because food is not cooked this way. The Ran permits taking a pashtida (something like a kugel) and placing it on top of a stove, because it is not usually cooked this way – pashtida was always baked in an oven, not atop a stove. This ruling is not accepted by other rishonim, presumably because they feel that Chazal permitted warming food only in a way that no one cooks any food, not this particular food. Although pashtida is not baked on top of a stove, this is the preferred way to cook many items, and therefore, this does not qualify as shelo kederech bishul.

Kli rishon

A third approach suggested by the Ran and other rishonim to warm food on Shabbos is in a kli rishon that has been removed from the fire. A kli rishon is a pot, pan or other vessel containing food that is very hot from being on top of a stove or inside an oven, or that was heated in a similar way from a direct source of heat. Since we are discussing warming food that is completely cooked and dry, no one cooks these foods in a kli rishon, and, for this reason, you may warm food this way, even if it become so hot that a person pulls his hand back when he touches it (yad soledes bo). Therefore, you may place a kugel or meat into a pot that was heated on the fire, but is no longer on the fire.

Although using this heter is not that common, I will present you with a situation in which it was used. A caterer was hired to serve a Friday night meal at 8:00 p.m., on a cold winter day. Obviously, there was interest in a hot main course, but placing chicken or meat to warm from before Shabbos would probably dry it out before it was served. The caterer’s suggestion was to place a pot of gravy warming on a fire or blech, and then, prior to serving the food, remove the gravy from the fire and then add the chicken to the pot containing the gravy. This allows serving a very hot, moist dinner, without violating any Shabbos laws.

On top of pot

Let us return to the words of the Ran that we have been discussing. Quoting an earlier rishon, the Rashba, the Ran permits a fourth method of warming food on Shabbos: warming cold food by placing it on top of a pot that is directly on the fire. His words are, “It is permitted to put food that was fully cooked before Shabbos, such as a pashtida or something similar, to warm on top of a pot containing hot food on top of the fire, even if it will reach the temperature of yad soledes bo, since this is not a usual way of cooking.” Many other rishonim accept this approach, and it is recorded in the Shulchan Aruch as accepted halacha, as we will soon discuss.

Things that cook easily

We should realize that none of the options of warming food that we have mentioned may be used for foods that have never been cooked. In some instances, heating raw foods that cook easily, called kalei habishul,is prohibited min haTorah. For example, placing a tea bag, raw spices or a raw egg into a kli rishon violates the melacha of bishul mide’oraysa (see Mishnah, Shabbos 42a). (As a matter of fact, kalei habishul will cook even in a kli sheini, which is the platter or bowl into which food was poured from a kli rishon. There is a halachic dispute whether you may place kalei habishul into a kli shelishi, a utensil into which something was poured from a kli sheini platter, bowl or cup, but this is not today’s topic.)

Returning to the fire

Thus far, we have discussed different methods of warming cold food on Shabbos. There is another way that Chazal permitted rewarming food on Shabbos called chazarah, but chazarah refers to food that was already hot on Shabbos and was removed from the heat source. For example, you decided to serve some of the food now, but you intend to return it to the source of heat in order to serve the rest later. Before addressing the opening questions, we need to analyze the rules governing when and how it is permitted to return food to the fire on Shabbos.

The most frequent contemporary example of this is removing a kettle from the blech to make a cup of tea on Shabbos, and then returning the kettle to the blech to remain hot. This heter applies even to liquid food, provided that it is completely cooked and still hot, or at least warm. It is permitted to return the food on top of the fire, but only when several conditions are met:

(1) The fire must be covered in a way that reduces its heat and will remind someone not to adjust its heat on Shabbos. Covering the fire this way is called ketumah, which means that the fire was covered with ash, as I mentioned above. Although some authorities dispute whether the following method is permitted, accepted contemporary practice is to accomplish ketumah by placing a metal sheet called a blech on top of the stove (Magen Avraham 253:31). In addition, it is preferable to cover the dials that adjust the temperature setting on the stove (Shu”t Igros Moshe, Orach Chayim 1:93).

Still hot

Several other conditions should be fulfilled before returning food to the blech.

(2) The food must be fully cooked.

(3) The food must still be hot.

(4) The food must have been removed with the intent to return it.

(5) Preferably, the pot of food should remain in someone’s hands the entire time that it was off the fire.

Many Sefardim are lenient, maintaining that as long as the fire is properly covered, the pot may be returned to the blech even if there was no intent to return it to the fire and it was put down, as long as the pot of food was not placed on the ground. Ashkenazim can be lenient about returning the food to the fire, even if someone mistakenly forgot these last two requirements; that is, the food was removed from the fire without any intention to return it, and it was put down. Lechatchilah, these requirements should be observed.

How hot?

How hot must the food still be to permit returning it to the blech? In this question, Sefardim are stricter than Ashkenazim, contending that the food must be yad soledes bo in order to permit returning it. Ashkenazim rule that the food may be returned to the blech as long as it is still warm enough to eat.

Creating a “blech” on Shabbos

The Mordechai, a German contemporary of the Rashba, discusses the following case:

Someone leaves his cholent cooking directly on the fire when Shabbos started, without the use of a blech, which the Mordechai permits. (In fact, there is a dispute among rishonim whether it is permitted to leave your cholent when Shabbos started on a fire without a blech. Because of this dispute, most people always place their cholent on a blech.) When the person wakes up Shabbos morning, he notices that his cholent was beginning to burn. He needs to reduce the heat that is keeping the cholent warm, so that it does not become burnt, yet he wants it to remain hot for the Shabbos meal. The Mordechai permits taking an empty pot, placing it on top of the open fire, and then returning his cholent pot on top of the empty pot (Shabbos #456, page 80, first column).

A similar situation would be if the food was being kept warm on the blech or an electric hotplate, and someone wants to raise the food a bit above the flame so that it not burn, by placing an empty pan onto the blech and then placing the cholent pot on top of the pan. The Mordechai permits this, provided that the rules of chazarah were followed. However, he implies that it is not permitted to warm cold food on Shabbos by placing it on top of an empty pot on top of a fire or blech.

Controversy!

This ruling of the Mordechai appears to dispute the conclusion of the Rashba that we quoted above. To quote the Rashba again, “It is permitted to put food that was fully cooked before Shabbos, such as a pashtida or something similar, to warm on top of a pot containing hot food on top of the fire, even if it will reach the temperature of yad soledes bo, since this is not a usual way of cooking.”

A superficial glance at these two rulings would imply that they disagree. The Mordechai permits placing food atop a fire or blech only if the food is already hot and the conditions of chazarah are fulfilled, but not otherwise. On the other hand, the Rashba permits placing completely cold food atop a pot to warm on Shabbos, without concern whether the specifications of chazarah were observed. Yet, the author of the Shulchan Aruch quotes both rulings alongside one another in his Beis Yosef commentary and also cites both of them as authoritative rulings in his Shulchan Aruch. Apparently, he did not consider these two rulings to be contradictory. Thus, we need to understand why these cases are dissimilar in order to explain the halachic rulings. The answer that we provide to this question will have major practical ramifications regarding how one may warm food on Shabbos.

Full or empty?

A few approaches are provided to answer this question. The Pri Megadim (Eishel Avraham 253:33) explains that there is a difference between placing food to warm on an empty pot vs. on top of a pot that has been sitting on the stove or blech with food cooking inside. The Shulchan Aruch permitted warming cold food on Shabbos only when you are putting it atop a pot of cooking food, but not on an empty pot.

What is the difference between an empty pot and pot of cooking food? The Chazon Ish (Orach Chayim 37:9, s.v. Hikshe) explains that when you are putting food on a cooking pot, it is being warmed by the steam that evaporates off the food and not directly by the fire. This is not included in the injunction that Chazal established not to heat food in a way that looks like cooking. However, if the pot is empty, the food is being heated by the fire itself, and this is included in what Chazal prohibited.

The Mishnah Berurah (Biur Halacha 253:3 s.v. Veyizaheir) makes the same distinction between placing the food atop an empty pot and a pot that contains food, but explains the reason for the halacha a bit differently. When placing the empty pot on the blech or fire, it is clear that the reason one is doing this is because you want the fire to heat the food. This is considered the same as putting cold food on the fire to warm, which is prohibited. However, when the pot is already full of hot, cooked food, placing a pot of food on top does not look like a normal way to cook food, and therefore was not included in the prohibition of Chazal.

Dry or liquid?

A third way to explain the difference between the two situations is that the Mordechai’s case involves food that contains a substantial amount of liquid, which is how cholent is usually made. In this instance, one cannot warm cold food on Shabbos, because this will be warming liquid food, which we do not do because of concern that one will be cooking it. Therefore, the Mordechai only permitted chazara, i.e., return of warm, cooked food to a situation in which it will stay warm. However, the Rashba was describing someone warming a dry food that is completely cooked. Since there is no possibility of cooking this food, it is permitted to warm it on Shabbos, as long as one does not do so in a way that people usually cook food (Machatzis Hashekel 253:34).

Thus, we have two different distinctions with which to explain how the Shulchan Aruch ruled. There is a major difference in halacha between the different approaches. According to the first approach, it is not permitted to warm food on Shabbos on top of an empty pan or pot, only on top of one that is already heating food. According to the latter approach, there is no halachic problem with taking fully cooked dry food and placing it to warm on top of an empty pot. Similarly, it is permitted to take a disposable pan, turn it upside down on top of the blech, and place food on top of it on Shabbos to warm. (Our intrepid readers who would like to see other approaches to explain the difference between the two rulings of the Shulchan Aruch are directed to the comments of the Tosafos Shabbos, the Gra and the Dagul Meirevavah.)

Conclusion

As we see, the rules Chazal established to allow proper Shabbos observance of hot food are extremely complicated. Yet, one should strive to eat a proper hot meal on Shabbos, enhanced by the fact that it was cooked and warmed following the myriad details of halacha. This is, indeed, the true oneg Shabbos, celebrating Shabbos through a meal that is delicious and also elevates the soul.

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May I Keep the Skeletons in the Closet?

Or

What Personal Information Must I Divulge?

The Gemara (Zevachim 88b) teaches that the me’il of the kohein gadol atoned for saying loshon hora…

Two sample shaylos I have been asked:

Question #1:

Mrs. Weiss (for obvious reasons, not her real name) calls me to discuss the following sensitive matter:

“I was treated successfully for a serious disease that my grandmother also had. The doctors feel that my daughter is at risk for this same disease. She is now entering the shidduchim parsha. Am I required to reveal this family information to shadchanim and/or potential shidduch partners, and, if so, at what point am I required to reveal this information? I am truly concerned that this could seriously complicate her shidduchim possibilities.”

Question #2:

A prominent talmid chacham is not originally from a frum background. His son, who is well-respected in his yeshiva, was recently involved in a shidduch. At a certain point, the talmid chacham’s family felt responsible to reveal certain significant information: The talmid chacham was not originally Jewish, and he and his Jewish wife did not discover Torah until after this son was born. They disclosed this information to the family of the girl involved, and her family decided to discontinue the shidduch.

He is now inquiring: “Must we disclose this information to future potential shidduchim?”

Although these situations are somewhat atypical, we all have medical, personal, and/or genealogical issues that we want to keep private. What information must we reveal about ourselves while arranging shidduchim for our children (or for ourselves)? And at what point must we disclose it?

What halachic issues are involved?

Before we analyze these cases, we need to elucidate some halachic topics. We can divide the discussion into three subtopics:

I. Emes — Honesty

II. Geneivas daas – Misleading someone

III. Onaah – Fraud

I.  EMES — HONESTY

A person must maintain total integrity in all his dealings – after all, the Torah commands us to emulate Hashem in all our deeds, and His seal is truth (Shabbos 55a). Someone who is meticulously honest will merit receiving the presence of the Shechinah (see Sotah 42a).

One may not be untruthful without any reason, and certainly not when it deceives or causes someone personal or financial harm. For example, one may not deny damaging someone’s property. Similarly, one may not blame fictitious excess traffic for a tardy arrival at work, when it is simply because one left home too late. For the same reason, one may not deceive someone about a shidduch, by misinforming the other party. I will soon explain the details of this halacha.

HONESTY IS NOT ALWAYS THE BEST POLICY

Notwithstanding the responsibility to be straightforward, there are specific situations where the Torah advises one to be imprecise. For example, it is more important to avoid (1) creating machlokes, (2) embarrassing someone, or (3) hurting his feelings or reputation than it is to disclose the entire truth (Bava Metzia 23b with Rif and Tosafos). In situations where a full exposé may cause one of these negative results, one should omit the detrimental information, although it is preferable to avoid fabricating a story (see Chofetz Chayim, Hilchos Rechilus 1:8). If there is no choice, it is preferred even to fabricate a story, rather than embarrass someone or hurt his feelings or reputation. If a correct answer may cause machlokes, one must modify the truth, rather than create ill feeling (Yevamos 65b).

Similarly, if I am asked about someone’s personal habits, I may modify my answer, if the truth might reveal private information that the person may not want to divulge (Maharal, Bava Metzia 23b).

II. GENEIVAS DAAS – MISLEADING SOMEONE

Geneivas daas, literally, “stealing a mind,” means creating a false impression – that is, deluding another person’s perception of reality. The Gemara (Chullin 94a) rules asur lignov da’as habri’os, “it is prohibited to steal someone’s mind.” One example of this is someone who acts as a big tzaddik in front of people, but is less halachically meticulous in private (Tosafos, Bechoros 31a s.v. ika). This unwarranted display of righteousness is a form of deception. Another example is a gentile who asked his Jewish landlord to place a mezuzah on his door; Rav Moshe Feinstein prohibited placing an invalid mezuzah on the door, because of geneivas daas (Shu”t Igros Moshe, Yoreh Deah 1:184).

A different type of geneivas daas is misleading someone to feel indebted when this is unwarranted. An example of this is to beg someone to join you for a meal, when you know he will not accept (Chullin 94a, as explained by Orach Meisharim 24:5), and you do not really want to invite him. The invited party feels obligated to reciprocate this false invitation.

Geneivas daas can happen in shidduchim situations, such as by implying that one intends to provide financial support for a yeshiva scholar, when one has no intention or ability to do so, or by implying that one is a big masmid or talmid chacham, when one is not (see Shu”t Chasam Sofer, Even Ha’ezer #82).

III. ONA’AH — FRAUD

Misrepresenting a product or service in order to make a sale is a form of cheating, such as painting an item to hide a defect. A modern instance of ona’ah is insider trading, purchasing or selling a stock or commodity on the basis of information that is unavailable to the public. This is forbidden, unless one notifies the other party of this information.

In shidduchim, the same rule is true: subject to some exceptions that I will explain shortly, one must notify the other party of information that might be of concern, which I will refer to as “blemishes,” although they are not blemishes in the usual sense.

MEKACH TA’US – INVALIDATING THE MARRIAGE

The most serious ramification of withholding required information about shidduchim, or worse, of being deceptive, is that this can even result (in certain extreme cases) in a halachically invalid marriage. (The same applies to any contracted arrangement – an unrevealed, serious blemish effects a mekach ta’us, because the two parties never agreed to the arrangement, as it indeed exists.)

Here are a few interesting examples:

If someone specifies that his new wife should have no vows (nedarim), and finds that she is bound by a neder to abstain from meat, wine, or nice clothes, the kiddushin is annulled (Kesubos 72b)! A husband wants his wife to enjoy life, and refraining from these activities may disturb the happiness of their marriage.

OTHER SERIOUS BLEMISHES

To quote the words of the Sefer Chassidim (#507): “When arranging matches for your children or other family members, do not hide from the other party medical issues, that they would object to enough to decline the shidduch, lest they afterwards choose to annul the marriage. Similarly, you should tell them about deficiencies in halachic observance that are significant enough that the other party would have rejected the marriage.”

CAN’T SMELL

Another example of unrevealed information that invalidates a marriage is a woman who failed to notify her future husband that she has no sense of smell, since this flaw hampers her ability to prepare tasty meals. Similarly, a man whose profession causes his body to have a foul odor is sufficient reason to invalidate the marriage (Kesubos 76a).

Withholding information concerning inability to have children is certainly a mekach ta’us. In this last situation, a physician who is aware that his patient cannot have children is required to reveal this information to the other side, even though this violates patient confidentiality (Shu”t Tzitz Eliezer 16:4).

WHEN TO TELL?

In most instances, there is no requirement to notify the other party or a shadchan of any of these blemishes at the time that a shidduch is suggested. The Sefer Chassidim that I quoted above does not mention at what point one must notify the other party of the shortcoming. Contemporary poskim I spoke with feel that one should reveal this information after the couple has met a few times, about the time that the relationship is beginning to get serious. There is no requirement for the parties to tell a shadchan.

However, if one knows that the other party will reject the shidduch because of this blemish, I would recommend forgoing this shidduch to begin with. For example, if one knows that a particular family prides itself on a pure pedigree, don’t pursue a shidduch with them if you know that they will ultimately reject it when they discover that your great-uncle was not observant. A very serious blemish, such as the inability to have children, should be discussed in advance, since most people will invalidate a shidduch for this reason.

WHAT MAY ONE HIDE?

What type of information may one withhold?

KNOWN INFORMATION

It is halachically deceitful for a seller to withhold important information that the buyer cannot find out. However, the seller is not required to disclose a problem that the buyer could discover. Furthermore, as long as the buyer could have noticed something that may arouse attention, there is no geneivas daas and no ona’ah in making the sale (Shu”t Igros Moshe, Yoreh Deah 1:31). For example, if someone is selling a house with a drop ceiling, he is not required to notify the buyer that there was damage above the ceiling, since a drop ceiling in a residence arouses attention. Similarly, if the entire neighborhood is susceptible to flooded basements, the seller does not need to mention that his basement has a flooding problem. If the buyer asks directly, the seller must answer honestly (Shu”t Igros Moshe, Yoreh Deah 1:31).

A similar concept is true concerning shidduchim. For example, if the scandalous activities of a family member are well-known in one’s hometown, one need not tell the other party, since this information could be discovered by asking around (Shu”t Panim Meiros 1:35). Halachically, when the other party asks neighbors for information about this potential shidduch, the neighbors should share the requested details.

INSIGNIFICANT INFORMATION

A second category of information that need not be revealed includes factors that are insignificant to the buyer. One is not required to provide an in-depth list of every shortcoming that the merchandise has. Similarly, shidduchim do not require revealing every possible medical or yichus issue. The Chofetz Chayim distinguishes between a medical issue that one must reveal and a “weakness,” that one need not. Thus, someone need not reveal minor ailments that would not disturb the average person.

Although I know rabbonim who disagree with this position, I feel that juvenile diabetes is a malady that must be mentioned, whereas hay fever and similar allergies may be ignored. If one is uncertain whether a specific medical issue is significant enough to mention, ask a shaylah. My usual litmus test is: if the issue is significant enough that one might want to hide it, it is something that one should tell.

At this point, we can discuss Mrs. Weiss’s shaylah asked above:

“I was treated successfully for a serious disease that my grandmother also had. The doctors feel that my daughter is at risk for this same disease. She is now entering the shidduchim parsha. Am I required to reveal this family information to shadchanim and/or potential shidduch partners, and, if so, at what point am I required to reveal this information? I am truly concerned that this could seriously complicate her shidduchim possibilities.”

Most poskim with whom I discussed the shaylah contended that one should reveal this information to the other side, after the couple has gotten to know one another and is interested in pursuing the relationship. One rav I spoke to disagreed. He contended that since the problem can be caught early and treated successfully, one need not divulge this information at all. All opinions agree that one has absolutely no requirement to mention this information to a shadchan.

Now let us discuss the second case I mentioned earlier:

A prominent talmid chacham was not Jewish at the time that his son was born. Is he required to release this information to future potential shidduchim?

This question takes us into a different area of concern about shidduchim – yichus, a subject of much halachic discussion. Some poskim sometimes permit hiding this type of information, whereas others prohibit this under all circumstances.

This debate centers on the following story. The Gemara discusses whether someone who has a gentile father and a Jewish mother is considered a mamzer who may not marry a Jew or not. The Gemara concludes that he may marry a Jew, and most halachic authorities rule that he is fully Jewish.

Notwithstanding this ruling, the Gemara (Yevamos 45a) records two identical anecdotes where someone whose father was not Jewish was unable to find anyone in the Jewish community willing to marry him. Although it was halachically permitted for him to marry, people considered this yichus issue serious enough that they did not want him marrying their daughters.

He came to the local gadol — in one case, Rav Yehudah, and in the other, Rava — who advised him to find a wife by relocating to a community where no one knows his past.

The question is: If he is required to reveal that his father is not Jewish, what does he gain by relocating – once he reveals his blemish, people will, once again, be uninterested in his marrying into their family!

Several prominent poskim, therefore, conclude that he is not required to reveal his family blemish, since his lineage will not affect his ability to be a good husband (Shu”t Imrei Yosher 2:114:8; Kehillas Yaakov, Yevamos #38 or #44, depending on the edition). Others dispute this conclusion, contending that one must reveal information like this before a shidduch is formalized, and offering different explanations how he would find a match in the new community (Rav E. Y. Valdenberg, quoted by Nishmas Avraham,volume 3, page 26, 251- 252).

Whether the talmid chacham of our second question is required to reveal his family defect depends on this dispute. According to many authorities, there is no requirement to disclose that he was not born Jewish, whereas others disagree.

As I mentioned earlier, almost all of us have shaylos regarding what we are required or not required to disclose about shidduchim. May we all have only nachas from our children and their families!

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Taking out the Sefer Torah

The Mishkan surrounds the Aron, which contains the Torah…

Question #1: Confused genealogist asks: Which?

Which Keil erech apayim should I say?

Question #2: Caring husband/son asks: Who?

My wife is due to give birth shortly, and I am saying kaddish for my father. On the days that the Torah is read, should I lead the davening (“daven in front of the amud”), open the aron hakodesh, or do both?

Question #3: Concerned davener asks: When?

When do I recite Berich She’mei?

Background

Prior to taking the sefer Torah out of the aron hakodesh, various prayers are recited, all of which have been part of our liturgy for many hundreds of years. This article will discuss the background and many of the halachos of these prayers.

Introduction

Reading the Torah, which is a mitzvah miderabbanan, is actually the earliest takkanas chachamim that was ever made. It was instituted by Moshe Rabbeinu in his capacity as a community leader, which placed on him the responsibility of creating takkanos when necessary. As a matter of fact, one of Moshe Rabbeinu’s names is Avigdor, which refers to his role as the one who created fences to protect the Jewish people )see Midrash Rabbah, Vayikra 1:3(. In this instance, after he saw what happened at Refidim (see Shemos 17:1), he realized that three days should not go by without an organized studying of the Torah. Therefore, he instituted that the Torah be read every Monday, Thursday and Shabbos (Bava Kamma 82a; Rambam, Hilchos Tefillah 12:1).

Over a thousand years later, Ezra expanded this takkanah to include a reading on Shabbos Mincha, in order to provide those who did not study Torah regularly an extra boost of Torah learning. Ezra also instituted that when the Torah is read, three people are called up, each aliyah contains at least three pesukim, and the entire reading should be a minimum of ten pesukim. (There is one exception to this last rule — on Purim, we read the story of Vayavo Amaleik that is exactly nine pesukim. This is because the topics both before and after this section have nothing to do with the Amaleik incident, and it is therefore better to keep the reading focused rather than add an extra posuk.)

Keil erech apayim

On weekdays, prior to removing the sefer Torah on days that tachanun is recited, we say a short prayer that begins with the words, Keil erech apayim, “Hashem, You who are slow to anger and are full of kindness and truth, do not chastise us in Your anger! Hashem, have mercy on Your people (Israel), and save us (hoshi’einu)from all evil! We have sinned to You, our Master; forgive us, in keeping with Your tremendous compassion, O, Hashem.” The prayer Keil erech apayim should be said standing, because it includes a brief viduy, confession, and halacha requires that viduy be recited standing (Magen Avraham, introduction to Orach Chayim 134).

Am I German or a Pole?

In virtually every siddur I have seen, two slightly variant texts are cited, the one I quoted above, which is usually recorded as the “German custom” or “German version” and a slightly variant version described as the “Polish version.” Some siddurim provide greater detail, presenting the “first” version as the “custom of western Germany, Bohemia and parts of ‘lesser’ Poland,” and the “second” version, as the “custom of ‘greater’ Poland.” In one siddur, I saw the an even more detailed, halachic explanation, describing the “first” version as the custom of the areas in and near “western Germany, Prague, Lublin and Cracow,” and the second text for the areas around “Posen and Warsaw.”

But, if your family came from somewhere other than Germany, the Czech Republic (where Bohemia and Prague are located) or Poland, which one do you recite? Many people are bothered by this question, myself included, since my father was born in Ukraine, as were all my grandparents and greatgrandparents on his side of the family, and my mother’s side of the family was from Lithuania.

Eidot hamizrah

A more intriguing question is that both versions of this prayer are in eidot hamizrah siddurim, and their custom is to recite both, “German” version first. I found this or a similar custom mentioned in several rishonim from very different times and places – in the Machzor Vitri, of 11th century France, the Kol Bo of 13th century Provence, and the

Avudraham of 14th century Spain. Some rishonim record a custom of reciting both versions, but having the chazzan recite the first and the community respond with the second (Machzor Vitri). According to either of these approaches, the question is why recite both prayers, since they are almost identical.

The answer given by the Machzor Vitri is that the first version uses the word hoshi’einu whereas the second uses the word hatzileinu. Both of these words translate into English as “Save us.” However, their meaning is not the same; hoshi’einu implies a permanent salvation, whereas hatzileinu is used for a solution to a short-term problem. The Machzor Vitri, therefore, explains that the first prayer is that Hashem end our galus. After asking for this, we then ask that, in the interim, He save us from our temporary tzoros, while we are still in galus.

Ancient prayer

The facts that these prayers are in both Ashkenazic and Eidot hamizrah siddurim, and that rishonim of very distant places and eras are familiar with two different versions, indicate that these prayers date back earlier, presumably at least to the era of the ge’onim. Clearly, although our siddur refers to a “German custom” and a “Polishcustom,” both versions were known before a Jewish community existed in Poland – earlier than when the words “Polish custom” could mean anything associated with Jews!

Atah hor’eisa

In some communities, reading of the Torah is introduced by reciting various pesukim of Tanach, the first of which is Atah hor’eisa loda’as  ki Hashem Hu Ha’Elokim, ein od milevado, “You are the ones who have been shown to know that Hashem is The G-d, and there is nothing else besides Him” (Devorim 4:35). The practice among Ashkenazim is to recite the pesukim beginning with Atah hor’eisa as an introduction to kerias haTorah only on Simchas Torah. However, in eidot hamizrah practice, Atah hor’eisa is recited every Shabbos, just before the aron is opened, and a shortened version is recited any time that tachanun is not said. (Essentially, these pesukim are said instead of Keil erech apayim, which is only recited on days that tachanun is said.)

According to the ruling of the Ben Ish Chai, as many pesukim should be recited as people who will be called to the Torah that day. Therefore, on Shabbos, the posuk, Atah hor’eisa, is the first of eight pesukim; on Yom Tov, the first two pesukim, including the posuk that beings with the words Atah hor’eisa, are omitted (Ben Ish Chai year II, parshas Tolados, #15). On weekdays when no tachanun is recited, only three pesukim are recited, beginning with the posuk, yehi Hashem Elokeinu imanu ka’asher hayah im avoseinu, al yaaz’veinu ve’al yi’tesheinu (Melachim I 8:57). The Ben Ish Chai emphasizes that, apparently because of a kabbalistic reason, it is incorrect to recite more pesukim than the number of people who will be called to the Torah that day. Most, but not all, eidot hamizrah communities follow this approach today.

Opening the aron

Having completed the recital of either Keil erech apayim, Atah hor’eisa, neither or both, the aron hakodesh is opened. The poskim rule that the aron hakodesh should not be opened by the chazzan, but by a different person, who also removes the sefer Torah. (In some minhagim this is divided between two honorees, one who opens the aron hakodesh and one who takes out the sefer Torah.) The chazzan himself should not remove the sefer Torah from the aron hakodesh, as it is a kavod for the sefer Torah that someone else remove it from the aron and hand it to the chazzan. The honor is in that the extra people involved create more pomp and ceremony with which to honor the reading of the Torah (Aruch Hashulchan, Orach Chayim 282:1, based on Mishnah, Yoma 68b).

The opener

A minhag has developed recently that the husband of a woman who is in the ninth month of pregnancy should open the aron hakodesh and close it, afterward. The idea that opening the aron is a segulah for a smooth and easy opening of the womb is recorded in eidot hamizrah kabbalistic authorities (Chida in Moreh Be’etzba 3:90; Rav Chayim Falagi in Sefer Chayim 1:5(. To the best of my knowledge, this custom was unheard of among Ashkenazim until the last thirty or so years. As I see it, this custom has value in that it might ameliorate a husband’s feelings that he is at least doing something to assist his poor wife when she goes through highly uncomfortable contractions. And, it also makes his wife feel that he did something for her, so there may be a sholom bayis benefit. As to whether there is any segulah attached to this practice, I will leave that for the individual to discuss with his own rav or posek.

Caring husband

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

“My wife is due to give birth shortly, and I am saying kaddish for my father. On the days that the Torah is read, should I lead the davening (“daven in front of the amud”), open the aron hakodesh, or do both?”

Let me explain the question being asked. Well-established practice is that an aveil davens in front of the amud (leads the services) on days other than Shabbos or Yom Tov as a merit for his late parent. (There are many variant practices concerning which days are considered a “Yom Tov” for these purposes; discussion of this issue will be left for another time.) Based on the above information, our very caring husband/son is asking: since he should not take both honors of leading the services and of opening the aron hakodesh, which honor should he take?

In my opinion, he should lead the services, which is a custom going back hundreds of years, whereas the custom of taking the sefer Torah out of the aron hakodesh is mentioned much more recently, and was not even practiced by Ashkenazim until a few years ago. However, I will leave it to the individual to discuss this issue with his rav or posek.

Berich She’mei

At this point, we can discuss the third of our opening questions: “When do I recite Berich She’mei?”

The Aramaic words of Berich She’mei comprise a prayer that is recorded in the Zohar (parshas Vayakheil). When we trace back the customs on which days this prayer is recited, we find many different practices:

1. Recite it only before Shabbos Mincha reading.

2. Recite it on Shabbos at both morning and Mincha readings.

3. Recite it not only on Shabbos, but also on Yom Tov.

4. Recite it on Shabbos, Yom Tov and Rosh Chodesh, but not on weekdays or fast days (other than Yom Kippur).

5. Recite it whenever the Torah is read.

6. A completely opposite custom — never recite it at all.

Allow me to explain the origins of these various practices.

1. Only Shabbos Mincha

Although I saw different sources mention this practice, I did not see any explanation.

I can humbly suggest two possible reasons for this custom. One is that since the kerias hatorah of Shabbos Mincha was not part of the original takkanah of Moshe, but was established subsequently to provide those who did not learn Torah during the week the opportunity to study some extra Torah while they were in shul for davening, the kerias hatorah represents the entire Jewish people studying Torah together, creating a level of kedusha that justifies recital of the beautiful prayer of Berich She’mei.

Another option: Shabbos has three levels of sanctity, Friday evening, Shabbos morning and Shabbos afternoon. There are several ramifications of these differences, including that the central part of the three shemoneh esrei tefilos of ShabbosMaariv, Shacharis and Mincha — are three completing different prayers (as opposed to all other days when the main parts of these three tefilos are identical). These three tefilos represent three historical Shabbosos and their spiritual ramifications:

(1) Maariv, or, more accurately, the Friday evening part of Shabbos, represents the Shabbos of creation.

(2) Shabbos morning represents the Shabbos of the giving of the Torah.

(3) Shabbos afternoon represents the future Shabbos of the post-redemption world.

These three aspects manifest themselves also in the three meals of Shabbos, and, for this reason, seudah shelishis is traditionally approached as having the pinnacle of spirituality. This explains why Shabbos Mincha is the time that the prayer, Berich She’mei, specifically addresses.

2. Only Shabbos, but both morning and Mincha

This approach is quoted in the name of the Arizal – presumably, it has to do with a level of kedusha that exists only on Shabbos. (See also Magen Avraham, introduction to 282).

3. Only Shabbos and Yom Tov

4. Only Shabbos, Yom Tov and Rosh Chodesh

These two customs are both based on the concept that Berich She’mei should not be recited on a weekday, but is meant for a day when there is special sanctity. This is based on the words in Berich She’mei, Berich kisrach,“May Your crown be blessed.” In kabbalistic concepts, we praise Hashem in this special way only on Shabbos and Yomim Tovim, and that is why the kedusha in nusach Sefard for Musaf begins with the words keser yitnu, which refers to Hashem’s crown.

I saw this practice quoted in the name of the Arizal and the Chida, and most eidot hamizrah siddurim include Berich She’mei prior to the Shabbos and Yom Tov readings, but not prior to weekday reading.

Many authorities note that those who follow this practice regarding Berich She’mei should also recite it on Rosh Chodesh, since the practice is to recite the words keser yitnu also as part of the kedusha of Rosh Chodesh (Ben Ish Chai year II, parshas Tolados, #15).

5. Always

This is the common practice among Ashkenazim and in nusach Sefard (Elyah Rabbah, 141; Be’er Heiteiv, Pri Megadim, Machatzis Hashekel, Mishnah Berurah; all at beginning of 282).

The Seder Hayom, an early Sefardic kabbalist, mentions the laws of reciting Berich She’mei when he discusses the laws of reading the Torah on weekdays. From this, the Elyah Rabbah (134:4) notes that the Seder Hayom appears to hold that Berich She’mei should be recited whenever the sefer Torah is taken out of the aron hakodesh. In other words, he disagrees with the approach followed by the other mekubalim mentioned, the Arizal and the Chida.

6. Not at all

In some communities in Germany, the practice was not to recite Berich She’mei at all. There appears to be a historical reason why not, based on the words of the prayer Berich She’mei itself, which states, lo al bar elohin samichna, “We do not rely on the ‘sons of G-d.’” Apparently, some of Shabsai Tzvi’s proponents claimed that the term “sons of G-d” alluded to Shabsai Tzvi, and, for this reason, it was decided to omit the entire prayer. Several sources quote this position in the name of the Noda BeYehudah, although I have been unable to find any place where he wrote this. It is certain that the Noda BeYehudah was strongly opposed to the introduction of kabbalistic ideas into our tefilos; for example, he attacks very stridently the custom, which he refers to as “recently introduced and very wrong,” of reciting lesheim yichud prior to fulfilling mitzvos (Shu’t Noda BeYehudah Orach Chayim 2:107; Yoreh Deah #93).

Those who do recite Berich She’mei assume that this term bar elohin refers to the angels, and they certainly exist, just as it is certain that it is prohibited to pray to them.

When to say it?

When is the best time to recite the prayer Berich She’mei? In a teshuvah on this subject, Rav Moshe Feinstein notes that the Zohar prayer does not mention specifically whether it should be said before the Torah is removed from the aron hakodesh or afterward. However, the Sha’ar Efrayim,authored by Rav Efrayim Zalman Margoliyos, one of the great early nineteenth century poskim, rules that the optimal time to recite Berich She’mei is after the sefer Torah has been removed from the aron hakodesh, and this is the conclusion that Rav Moshe reaches. In other words, it is preferred that the person being honored with taking the sefer Torah out of the aron hakodesh should do so as soon as practical, and then hold the sefer Torah while Berich She’mei is recited. Someone who was unable to recite Berich She’mei then, can still say it until the sefer Torah is opened to lein (Seder Hayom, quoted by Elyah Rabbah 134:4).

Conclusion

In the introduction to Sefer Hachinuch, the author writes that the main mitzvah upon which all the other mitzvos rest is that of Talmud Torah. Through Torah learning, a person will know how to fulfill all of the other mitzvos. That is why Chazal instituted a public reading of a portion of the Torah every Shabbos, twice, and on Mondays and Thursdays. Knowing that the proper observance of all the mitzvos is contingent on Torah learning, our attention to kerias haTorah will be heightened. According the Torah reading the great respect it is due should increase our sensitivity to the observance of all the mitzvos.

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The Hoop and the Drum – How to be a Good Neighbor

arothman

Each of the following shaylos is an actual case of inter-neighbor altercations that I was asked about or over which I presided. All these cases deal with shaylos about neighbors’ rights within the framework of halacha. What may I do or not do on my property that may infringe on my neighbor’s right to gain full benefit and enjoyment from his property?

Question #1: After moving into a new apartment, my grandmother discovered that her next-door neighbor practices his drums every day. On some days he even has band practice in his house. When we asked the drummer to limit his hours or decrease the volume, he insisted that he has been doing this for years and that this is his livelihood. Grandma finds the noise blasting through the walls highly distressing. Can we force the neighbor to drum elsewhere?

Question #2: Yehudah and Tamar dwell in a semi-detached house. Levi purchased the other side of the house as an investment, and rented it out. A few weeks later, Tamar calls Levi to complain about the volume and late hours of noise emanating from the new tenants and asks Levi to have them shape up or ship out. Levi meets with his tenants, attempting to explain that their behavior is inappropriate for the neighborhood, but they insist that their behavior is normative. If this continues, do Yehudah and Tamar have the halachic right to insist that Levi terminate the tenants’ lease?

Question #3: There is always such a racket upstairs! I am certain that their kids are rollerblading or playing basketball right over my head, but their mother insists that they are just normal, active children. What may I do to improve the situation that is halachically acceptable and will not land me in jail?

Question #4: Several years ago, Reuven (who lives on the ground floor) affixed a basketball hoop to the wall of the apartment building and laid out a regulation-sized half-court. Shimon, who now lives directly above Reuven, would like to hang a clothesline outside his window, but as any large item hanging from the clothesline will lie on the hoop and become dirty, he would like Reuven to remove the hoop to a different location. This, of course, will ruin the basketball court.

BACKGROUND TO THE SHAYLOS

Unless local custom dictates otherwise (a concept I will explain shortly), one may use one’s house for normal household use, provided that the activity does not damage my neighbor’s person or property. “Typical domestic use” includes work done in one’s house to earn a livelihood. For this reason, at the time of the Mishnah, one could use one’s house for simple manufacturing, and a neighbor could not object to a residence being used as a bakery or to dye clothing, even if the neighbor’s house became uncomfortably warm as a result (Mishnah Bava Basra 20b).

AN EXCEPTION

There is an exception to this general principle: a neighbor may prevent a store from opening in a residential property. Why is a store different from other livelihoods? Because a store generates a lot of foot traffic, a neighbor has the halachic right to prevent the noise and bustle.

But do people entering and leaving a small household store create more discomfort for the neighbor than the heat of a baker’s oven or a dyeing operation? Why does the Mishnah rule that one can prevent the neighbor running a store, but not a bakery?

The reason is that, although the discomfort generated by the store may sometimes be less than the heat of the oven, the Mishnah forbade the store because its proprietor can sell his wares in the marketplace, which, in that era, was the primary business location in town. Since it was unnecessary to sell merchandise in one’s house, insisting that a neighbor sell his wares elsewhere did not jeopardize his livelihood. Manufacturing, on the other hand, was generally done in people’s homes (Shu’t Chasam Sofer #92).

TWO PRECLUDING USES

Of course, we then need to clarify the next issue: What is the halacha when two permissible domestic uses preclude one another? For example, Upstairs wants to use his house as a warehouse to store grain, whereas Downstairs wants to use his house as a bakery. Both of these uses are considered “typical domestic use,” since each is using his domicile as a means of earning his livelihood. However, the two uses are mutually exclusive, since the heat rising from the bakery will ruin the grain. May Upstairs prevent his neighbor from baking?

The Mishnah rules that whoever began his operation first has the right to continue. If Upstairs began storing grain before Downstairs opened his bakery, the bakery may not be opened. However, if Upstairs has not yet begun to store grain, Downstairs may open a bakery in his house. Once one neighbor begins using his house for a certain purpose, a second neighbor using his part for an incompatible purpose is considered as creating damage.

WHY DO WE CONSIDER BAKERIES AND DYE FACTORIES “NORMAL HOUSE USES”?

In earlier times, most people making a living from crafts, small manufacturing, other cottage industries or trading used their house as their base of operation. Thus, using your house as a bakery, factory, or warehouse was normal household use.

DO LOCAL LAW AND CUSTOM AFFECT THESE HALACHOS?

Indeed they do. In general, halachos that involve financial arrangements between two parties are governed by the prevalent local practice. This is called, hakol keminhag ha’medinah, “everything follows local custom.” The rationale is that the parties assume that local custom governs their relationships, and includes that people buy or rent a house or apartment assuming that they and the neighbors will follow the accepted local norm. Therefore, today one may not open a bakery or dyeing operation in a residential building since it violates common practice.

Everything depends on contemporary local custom. Thus, examining the different responsa discussing these issues provides an interesting glimpse into our forebears’ livelihoods and lives. For example, a nineteenth-century responsum discusses the following situation:

A man passed on, leaving his large house to his three sons, who divided it into three apartments for themselves. One son opened a bar in his apartment, which was apparently an accepted practice in those days. However, the other brothers wanted him to close it because of the quantity and type of traffic it generated (Shu’t Chasam Sofer, Choshen Mishpat #92). On the other hand, the bartender brother contended that this was his livelihood and as such he is permitted to operate his livelihood in his residence.

When the rav who was ruling this issue referred the shaylah to the Chasam Sofer, the rav discussed whether using your house as a tavern is considered a legitimate domestic use. Superficially, it would appear that it is not, just as one may not use one’s house as a store, since it is not considered normal household use when many customers visit a residence. However, the rav who referred the shaylah noted that it was common practice (in those times) to sell sugar or coffee out of one’s house because this was necessary for people’s livelihood. Even though these situations should also be prohibited according to the Gemara, nonetheless, minhag hamedinah permitted it, and perhaps this same custom could justify opening a tavern in one’s house. Furthermore, the rav contended that a tavern is not a business that one can carry out in the town’s marketplace, because a bar has to be a place conducive for people to sit together and relax.

The Chasam Sofer suggests a reason to require the closing of the tavern, based on the type of clientele it generates, but does not rule conclusively that this would provide a legitimate claim to close it. Thus, we see that what would seem highly obvious to us – that it is forbidden to open a tavern in your residence against the wishes of your neighbors – was not obvious to the great poskim who ruled on this issue two hundred years ago. This demonstrates how times change.

THE DRUMMER

We can now try to apply the principles we have learned to the cases we mentioned at the beginning of the article. In our first shaylah, Grandma’s neighbor practices his drums, thus disturbing her. Grandma would like him to limit his hours or decrease the sound, but he insists that he has been doing this for years and that this is his livelihood. Can we force the neighbor to drum elsewhere?

Is drumming in your house an accepted practice? Can one claim that this is a permitted hobby in a residential neighborhood? In addition, can one claim that this is necessary for one’s livelihood?

This would primarily depend on the accepted local custom. If, indeed, drumming is permitted during daytime hours and the drummer’s activities are legal and accepted according to local ordinance, then Grandma may have no right to prevent him from continuing his activity. However if local custom precludes this activity, one could prevent him from drumming even though it is his livelihood.

Thus, if Grandma moved into a retirement community where one would assume that everything will be nice and quiet, she can certainly insist that her neighbor drum elsewhere.

WHAT IS THE HALACHA IF THERE IS NO LOCAL CUSTOM?

In this particular case, the parties involved lived in an area where there is no established practice prohibiting drumming during daytime hours. Grandma’s family wanted to know whether there were halachic grounds to prevent her neighbor from drumming when it greatly distressed her.

From what we have mentioned above, it appears that the drummer has a legitimate claim to use his home for his livelihood. However, this is not always the case, as the following 14th century responsum indicates:

A weaver had a home-operated business, which utilized a large and noisy loom. Although he had been operating this business for a number of years, his neighbor sued him in beis din to remove the loom from the property because of two claims:

1. The loom was causing damage to their common wall.

2. The wife of the neighbor was ill, and the noise disturbed her.

The Rivash (Shu’t #196) ruled that both claims were legitimate, and that the weaver must remove the loom even though it had been operating for years. He contended that, although most people can tolerate this amount of noise, someone who is highly sensitive or ill can legitimately claim that noise injures them, thereby requiring the neighbor to cease the operation (Rama, Choshen Mishpat 156:2; see also Rama, Choshen Mishpat 155:39).

It is historically noteworthy that the Rivash did not prohibit having a large loom operating in one’s house under all circumstances. On the contrary, the Rivash implies that one could operate such a loom if it did not damage the property nor injure one’s neighbor.

Thus according to the Rivash’s psak, in the case of Grandma’s neighborly drummer, if her health is fragile and she would be ill-effected by the drumming, one could prevent him from drumming.

NOISY NEIGHBORS

We can now examine the background behind Questions #2 and #3 above: In question #3, the downstairs neighbor finds the noise from the active family above them to be quite intolerable. The upstairs neighbor insists that this is the standard noise of normal, active children. Can downstairs ask beis din to force upstairs to relocate?

Aside from the questions of local custom (minhag ha’medinah) discussed above, we need to clarify something else in this case: Is the upstairs noise unusual, or is it simply the usual bustle produced by a large household, particularly one with children, but the downstairs neighbor is extremely sensitive to noise? Does the downstairs neighbor have a valid claim that the upstairs neighbor should be quieter, and if he does, must the upstairs neighbor relocate?

Similarly, question #2 also hinges on whether the neighbor’s noise is abnormal, regardless of who lives next door. If the neighbor is a bit noisy, and the complaining neighbor is merely more sensitive than most people, there are no grounds to require the termination of the lease. On the other hand, if the neighbor is really objectionable, the landlord should terminate their lease on this basis.

The Chazon Ish (Bava Basra 13:11) points out that the Rivash’s case involved use of a loom, which, although suited to household use according to Chazal’s definition, is not a typical household use. He contends that one may not prevent someone from using his house for a typical household use, even if a neighbor finds the noise level distressful. Thus, someone whose family makes a great deal of noise may continue to do so. Even if a neighbor becomes ill and is intolerable of such noise, he still cannot force the noisy neighbor to move. Therefore, one cannot force a neighbor whose children cry in the middle of the night to move, even if you lived there first. However, you can prevent them from having the kids play ball or rollerblading in the house since these are not typical household uses when you live above someone else.

Rav Tzvi Spitz, a dayan in Yerushalayim, discusses the following case: A family adopted a foster child, and the neighbors complain that the child makes loud noises at all hours of the night, disturbing their rest. The neighbors contend that, although it is a mitzvah to take care of a foster child, the foster parents have no right to perform their mitzvah at the neighbors’ expense. The neighbors contend that they have a right to enjoy peace and quiet in their apartments. Can the neighbors force the foster parents to relinquish the foster child or move?

Rav Spitz ruled that since taking care of children is considered the major purpose of a house, the neighbors cannot claim that their rights preclude the rights of someone to raise a child in their house, and furthermore, one cannot distinguish between raising one’s own child or raising someone else’s (Minchas Tzvi 1:10).

HOOP VERSUS CLOTHESLINE

In many places it is standard domestic use to have a clothesline hanging outside your window. In these locations, one has a right to hang a clothesline. On the other hand, is it normal domestic use to hang a basketball hoop? If this is a location where both uses are considered normal, then whoever was there first would have the claim, similar to the Gemara’s case of the bakery and the storage area. If the right to a laundry line is considered normal house use, and the basketball hoop is not, one could argue that the hoop should be taken down to make way for the laundry line.

With a healthy dose of mutual good will, most people should manage to live with their neighbors in peace and tranquility. And in cases of conflict, we must not hesitate to use halacha as our guide, just as we do in all other aspects of our lives.

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Curious Kiddush Shaylos

The Torah commands us to declare the sanctity of Shabbos, a mitzvah we fulfill when we recite Kiddush before beginning the meal. Notwithstanding that this mitzvah appears very clear cut, 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 is on the wine and the other is the special Kiddush bracha. The daytime Kiddush was instituted by Chazal to demonstrate the specialness of Shabbos meals – therefore, we drink a cup of wine immediately before the meals begin. (The pesukim 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. 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 whatever reason, must recite it before or during one of the Shabbos day meals (Shulchan Aruch, Orach Chayim 271:8). We will discuss later an interesting application of this rule.

You can fulfill the mitzvah of Kiddush either by reciting it yourself or hearing it from someone who is reciting it. When the head of household recites Kiddush, he does so 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.

The hosts where we were eating 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 HAVE ALREADY PERFORMED THE MITZVAH?

One may recite a birkas 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,” (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 may blow shofar in a shul and recite the brachos for other people, even if I 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, shortly, 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 (birkas 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 the other person has no obligation to recite a bracha, someone else 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 (Rosh Hashanah 29a). Therefore, Mr. Goldberg can 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. (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, reciting the daytime Kiddush will not help our not-yet-observant lunch guests fulfill the mitzvah of Kiddush this Shabbos. How can one alleviate the situation?

Since Kiddush can be recited the entire Shabbos day, one should recite both brachos of the Friday night Kiddush before the daytime meal, 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 Ein Kiddush ela bimkom seudah, “Kiddush must be recited in the place that one will be eating a meal” (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 Ein Kiddush ela bimakom seudah (Pesachim 101a).

This halacha is derived from the pasuk, Vekarasa laShabbos oneg (Yeshayahu 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 the mitzvah of Kiddush if he recited (or heard) Kiddush in one part of a large room and ate in a different part of the room, since the entire room is considered the same place. Some poskim contend that one should not move to a different part of the house between making Kiddush and eating, unless he knew at the time of Kiddush that he might do this (Magen Avraham 273:1; Mishnah Berurah 273:3). Even this should be done only under extenuating circumstances (see Biur 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, but not all, poskim, Mr. Goldberg has another option: he could drink the Kiddush and then another cup of wine. This would be considered Kiddush bimkom seudah.)

KIDDUSH IN SHUL

These two concepts (areivus and ein Kiddush ela bimkom 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 bimkom 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 chinuch in this case, a topic to discuss in a different article.)

ANOTHER INTERESTING SHAYLAH

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

“The baal simcha made Kiddush in the shul immediately after davening, but the reception 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 where they would be eating was in the same building as the Kiddush, this was acceptable, under extenuating circumstances. It would be preferable 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 full meal, notwithstanding the Gemara’s statement that one must eat a meal where he recites Kiddush. The Geonim explain that one must begin his meal where he said Kiddush, either by eating some bread or drinking wine, and this is quoted in Shulchan Aruch (Orach Chayim 273:5). The Geonim explicitly state that one does not fulfill Kiddush bimkom seudah by eating only fruit. Although some poskim disagree, arguing that one fulfills Kiddush bimkom 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 Ein Yitzchak #12).

Magen Avraham rules that one fulfills Kiddush bimkom seudah by eating a kezayis-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. The poskim dispute whether drinking wine fulfills Kiddush bimkom seudah (see Rabbi Akiva Eiger to 273:5 and Mishnah 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 Biur Halacha and Rabbi Akiva Eiger to 273:5). In his opinion, the concept of Vekarasa laShabbos oneg means that one should declare the Kiddush of Shabbos, specifically, at the time that one celebrates the Shabbos meal.

Conclusion

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 focus, also, on the beauty of Shabbos and the wonderful opportunity we are given to sanctify it verbally, day and night!

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Brachos on Good Tidings

After the wondrous splitting of the Yam Suf, Bnei Yisroel recited a brocha of thanks to Hashem.

close up photography of wet leaves
Photo by Sitthan Kutty on Pexels.com

Question #1: Raining brachos

What brocha do we recite when it rains?

Question #2: Grandson?

Do we recite a brocha upon hearing of the birth of a new grandson?

Origin

Rashi, in parshas Lech Lecha (Bereishis 12:7), notes that Avraham Avinu built a mizbei’ach to commemorate the two wonderful messages he had just received, that he would have children and that his descendants would receive Eretz Yisroel. This provides another source for the brachos that Chazal instituted when someone hears good news, including, the brachos of shehecheyanu and hatov vehameitiv. The sources in the Mishnah and the Gemara for most of these halachos are in the ninth chapter of Brachos. The Mishnah (Brachos 54a) states, “On the rains and on good news one recites [Boruch Attah Hashem Elokeinu Melech ha’olam] hatov vehameitiv… Someone who built a new house or purchased new items recites shehecheyanu vekiyemanu vehigi’anu lazman hazeh.”

Brocha on rain

Chazal instituted a brocha to be recited when it begins to rain heavily (Brachos 59b; Rambam, Hilchos Brachos 10:5; Shulchan Aruch Orach Chayim 221). Those of us who live in North America, where rain is not seasonal, may find the idea of “the beginning of the rains” to be strange, since, in most of North America, it rains at all times of the year. However, much, if not most, of the world has seasonal rainfall. In Eretz Yisroel, for example, it does not rain in the summer. All rain begins in the late fall, hopefully, and it rains, occasionally, during the winter. By mid-spring, it stops raining for the next six to eight months.

When living in such a climate, it is, quite literally, vitally important that it rain during the correct season. Chazal instituted a brocha to be recited when the first significant rain falls (Brachos 59b). The Shulchan Aruch (Orach Chayim 221:1) adds a requirement that this brocha be recited only when the populace has been concerned regarding the lack of rainfall, a condition to which the Biur Halacha agrees.

The Rema, who lived in Poland, notes “that the reason we do not recite this brocha is because in our areas, rain is frequent, and it is rare that there is a drought.” However, those who live in Eretz Yisroel or other places where droughts are, unfortunately, not uncommon should recite this brocha (Mishnah Berurah 221:2). In addition, the Mishnah Berurah notes that, even in a land in which rain is usually plentiful, should there be a drought, this brocha is recited when it finally rains.

What brocha?

The Gemara has a discussion as to which brocha a person should recite when it begins to rain. The halachic authorities understand that the Gemara’s conclusion which brocha is recited depends on an individual’s circumstances. However, there is a dispute between the Rif and the Rosh regarding some of the details of these laws. The Rambam’s understanding of the topic appears to be very similar to the Rif’s.

According to the Rif:

(1) Someone who owns agricultural land, and has partners who also benefit from the rain, recites hatov vehameitiv.

(2) Someone who owns agricultural land, but has no partners who also benefit from the rain, recites shehecheyanu.

(3) Someone who does not have any agricultural land recites a special brocha established for the occasion of the rain falling. The Gemara asks what brocha is recited on the rains and quotes a dispute between Rav Yehudah and Rabbi Yochanan. Rav Yehudah cites the following brief text, “[Boruch Attah Hashem Elokeinu Melech ha’olam] modim anachnu loch al kol tipah u’tipah shehoradta lanu, we thank You for each and every drop that you brought us.” Rabbi Yochanan adds to this an extensive passage and then adds a closing to the brocha. Among the rishonim, we find at least four different opinions as to how Rabbi Yochanan rules that this brocha should be concluded.

As I mentioned above in (3), this is the text of the brocha recited only when someone does not own a piece of agricultural property. Someone who has a field that benefits directly from the rain recites hatov vehameitiv upon witnessing the rain [(1) above]. If he has no partners in his land, the Rif rules that he recites shehecheyanu (2) whereas the Rosh rules that he recites hatov vehameitiv. I will explain shortly why these two authorities dispute this matter.

Seeing is believing!

Are there any other halachic distinctions between reciting hatov vehameitiv or shehecheyanu for the new rain and reciting the special brocha on rain?

Indeed, there are. By way of introduction: The Sefer Chassidim (#844) instructs that, when we hear good news, we should immediately recite the brocha, either hatov vehameitiv or shehecheyanu, in order to make the brocha as close as possible to hearing the welcome news, and then thank the person who told us the good tidings. The Pri Megadim notes that you should recite the brocha only when you know that the source of your information is reliable. In today’s world, if your source is not necessarily reliable, you can try to verify the information relatively quickly.

All authorities agree that the brachos of hatov vehameitiv and shehecheyanu may be recited, whether you saw the gift that Hashem has now provided, or a reliable source verifies the good news. However, regarding the special brocha recited for rain, the halachic authorities dispute as to whether this brocha is recited only when you actually see it rain, or even if you only heard that it rained. The Magen Avraham contends that you do not recite this brocha if you heard that it rained, but did not see it, whereas the Shitah Mekubetzes rules that you do. The Mishnah Berurah (221:7) concludes that, because of the rule of safek brachos lehakeil, the special brocha is recited only if you actually see it raining.

New house

As we mentioned above, the Mishnah instructs someone who built a new house or purchased new items to recite shehecheyanu vekiyemanu vehigi’anu lazman hazeh.

If someone’s house burnt down, and he is now able to rebuild it, he recites hatov vehameitiv, notwithstanding that he would have preferred to have his original house and avoid all the aggravation and grief that transpired (Pri Chadash; Mishnah Berurah 223:12). If he tore down his house and rebuilt it, he does not make a brocha. However, if he enlarged it in the process, he recites a brocha.

Shehecheyanu or hatov vehameitiv

The Gemara (Brachos 59b) asks what criterion determines whether we recite shehecheyanu or hatov vehameitiv. The Gemara concludes that, when the benefits are shared with someone else, we recite hatov vehameitiv, whereas when only one person receives direct benefit, he recites shehecheyanu. Therefore, if a married couple purchases or receives something from which both will benefit, they recite hatov vehameitiv, whereas upon acquiring an item that only one of them uses, such as a garment, the brocha is shehecheyanu (see Brachos 59b). In the first case, one of them may be motzi the other in the brocha, or they may, each, recite the brocha separately.

Upon this basis, the Rosh explains the dispute between himself and the Rif, germane to which brocha is recited for rain by someone who owns agricultural property. The Rif and Rosh agree that if the field owner has partners in the land he owns, he recites hatov vehameitiv. If he does not have partners, the Rif rules that he recites shehecheyanu, whereas the Rosh rules that he recites hatov vehameitiv. The Rif understands that the appropriate brocha is shehecheyanu, since he has no partners who directly benefit from his field receiving rain. The Rosh contends that the determinant is not whether you have partners in your field, but whether you have partners in the chesed that Hashem did, and you were not the only one for whom it rained. Since the entire local population benefits directly from the rain, he has partners in the chesed, and therefore recites hatov vehameitiv.

Since the Rambam agrees with the Rif, the Shulchan Aruch (Orach Chayim 221:2) follows his usual approach of ruling according to the majority opinion among these three luminaries, the Rif, the Rambam and the Rosh.

Friends and family

There are many other instances in which you recite shehecheyanu or hatov vehameitiv. The Gemara (Brachos 58b) and the Shulchan Aruch (Orach Chayim 225:1) rule that seeing a close friend or family member whom you have not seen for thirty days is cause to recite shehecheyanu. The Shulchan Aruch explains that this brocha is recited only upon seeing a friend “who is very dear to him and he is happy to see.” The Mishnah Berurah (225:1) explains that a “close family member” means a sibling, spouse, parent or child. The Gemara teaches that hatov vehameitiv is recited upon the birth of a son, and the Shulchan Aruch rules that both parents are equally obligated. The Mishnah Berurah rules that a brocha is also recited on the birth of a daughter.

Grandson?

At this point, we have enough background to discuss the second of our opening questions: “Do we recite a brocha upon hearing of the birth of a new grandson?”

The Gemara mentions reciting a brocha only on the birth of a son, but does not mention a grandson, although this event certainly generates a huge amount of simcha. For this reason, the Sefer Chassidim (#843) rules that we recite a brocha upon the birth of a grandson.

However, not all rishonim agree. The Rashba rallies proof that reciting shehecheyanu or hatov vehameitiv is not only because of the happiness of the event, but also because there is some physical benefit from the event. In the case of a child being born, he contends that only parents recite the brocha, because of the long-term benefits of having someone who can assist parents in their senior years. This particular benefit is more certain of a child than of a grandchild; therefore, the Rashba contends that, since Chazal never mentioned reciting a brocha upon the birth of a grandchild, there is no brocha on this occasion (Shu’t Harashba 4:77). The Biur Halacha (223:1 s.v. yaldah) concludes that since he found no early authority other than the Sefer Chassidim who requires a brocha upon hearing of the birth of a grandchild, he advises refraining.

Correspondent

What is the halacha if your correspondence with someone has caused you to form a very close friendship, but you have never met him in person? Do you recite a brocha of shehecheyanu when meeting for the first time? Based on a responsum authored by the Rashba (4:76), the Shulchan Aruch rules that you do not recite shehecheyanu when meeting him for the first time in person (Orach Chayim 225:2). In my opinion, the same thing is true if you have met virtually, via Zoom or Skype, but will now meet in person for the first time.

Twins

The Mishnah Berurah (222:2) rules that someone who heard several good tidings at the same time makes only one brocha on all the good news. Therefore, the birth of twins generates only one brocha.

Too much of a good thing

The Kaf Hachayim (222:10) points out the following: if the person hearing the good news may become overly excited, and this excitement might endanger his health, tell it to him gradually, just as you would tell him bad news gradually so as not to shock him.

New clothes

The Mishnah quoted above says, “Someone who built a new house or purchased new items says shehecheyanu vekiyemanu vehigi’anu lazman hazeh.” This halacha is true whether the new item is clothing or anything else that makes this particular individual happy (Mishnah Berurah 223:13). Obviously, this will depend on the personality of the individual and on how wealthy he is.

The halacha states that shehecheyanu is recited, even if the item is not brand new, as long as this person has never owned it before. If he is happy to now own this item, there is enough reason to recite shehecheyanu (Shulchan Aruch). This may be true, even if it is a garment and someone else wore it already.

New socks?

The rishonim dispute whether we recite shehecheyanu when acquiring new items that most people consider of less significance. The Shulchan Aruch (Orach Chayim 223:6) rules not to recite a brocha on an item that people consider less significant, such as a robe, shoes or socks. However, he adds that a poor person, who is happy about the acquisition of the item, does recite shehecheyanu. The Rema disagrees, quoting several sources that even a poor person does not recite shehecheyanu on the acquisition of simple garments, and notes that this is the accepted practice.

New shul

When a new shul is built or purchased, the chazzan should recite hatov vehameitiv for everyone in the congregation (Magen Avraham; Mishnah Berurah 223:11).

What about a new sefer?

Some acharonim mention that you may recite a brocha of shehecheyanu when acquiring a new sefer (Mor Uketziyah 223; Chayei Adam). Others contend that shehecheyanu on new items is restricted to those from which one gets personal benefit or pleasure, whereas the “benefit” of seforim is categorized as mitzvos lav lehenos nitnu, mitzvos are not intended for physical benefit.” The Mishnah Berurah (223:13) concludes that someone who has been hunting for a specific sefer and has finally succeeded to acquire it should not be rebuked for reciting shehecheyanu for his achievement, but it is clear that the Mishnah Berurah feels it is better not to recite shehecheyanu, even in this instance.

Conclusion

According to the Gemara (Bava Kama 30a), someone who desires to become exemplary in his behavior should make certain to fulfill the laws of brachos correctly. By investing energy in understanding the details of how we praise Hashem, we realize the importance of each aspect of that praise and how we must recognize that everything we have is a gift from Hashem.

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Can We Identify the True Eizov?

Question #1: Hyssop

Is eizov hyssop?

Question #2: Multi-use Eizov

May an eizov be used more than once?

Background

Parshas Bo includes the first reference in the Torah to eizov, in the following posuk:

And you shall take a bundle of eizov and dip it in the blood (of the korban Pesach) that is in the basin and touch it to the lintel and the two doorposts (Shemos 12:22).

The Bnei Yisroel were to take a bundle that contained at least three stalks of eizov (Sifrei, Parshas Chukas; Rambam, Peirush Hamishnayos Parah 11:9), although be’di’eved, if they found only two stalks, this would be sufficient to fulfill the mitzvah (see Parah 11:9). This requirement of using eizov stalk for the korban Pesach existed only that first Pesach, when the Bnei Yisroel were still in Egypt. Future korbanos Pesach did not require any eizov, nor was the blood touched to the lintel and doorposts, as stated in the Mishnah (Pesachim 96a).

Other mitzvos

Eizov is also essential for the performance of several other mitzvos, including:

1. Making a metzora tahor.

2. Purifying a house that is tamei tzaraas.

3. Processing the ashes of parah adumah.

4. Becoming tahor from tum’as meis.

To fulfill any of these mitzvos, it is required to use the specific species that the Torah calls eizov. Let us analyze and understand each of these instances.

Metzora

There are two types of metzora who are tamei, one called a metzora musgar and the other called a metzora muchlat. There are several differences between them, but, for our purposes, we will focus on only two: how long they remain tamei, and how they become tahor (Mishnah Megillah 8b). A metzora musgar is tamei for a maximum of fourteen days, after which, depending on his symptoms, he either immerses himself in a mikveh and becomes tahor, or he becomes a metzora muchlat. On the other hand, a metzora muchlat will remain tamei for the rest of his life unless his tzaraas symptoms heal.

When a metzora muchlat’s symptoms heal, becoming tahor requires a complicated procedure described in the Torah in the beginning of parshas Metzora (Vayikra Chapter 14). One of the steps in this procedure requires the use of an eizov stalk, which is tied to a detached cedar branch with a thread of crimson red wool. The piece of eizov must be at least the length of a tefach (Niddah 26a; Rambam, Tum’as Tzaraas 11:1), which is approximately 3-4 inches, and the piece of cedar wood must be the length of one ammah (Nega’im 14:6), approximately 18-24 inches. This branch is then used as part of a very unusual dipping and sprinkling procedure, in which a specific kind of blood is applied seven times, either to the back of the metzora’s hand or to his forehead (Nega’im, 14:1). The tanna’im dispute which of these two places is correct, and the halachic conclusion is that it is the back of his hand (Nega’im, 14:1). This sprinkling is the first step in a long purification process necessary to make a metzora tahor again. Without an eizov branch, he cannot become tahor (Tosefta, Menachos 6:11).

Tumah on houses

There are several different stages of tum’as Nega’im that can affect a house, see Vayikra 14:33-53 and Mishnah Nega’im, Chapters 12-13. For some of these stages, the method of making the house tahor again involves the same process, utilizing eizov, cedar wood and crimson-red wool that I have just described. In this instance, the blood is applied to the lintel of the house (Nega’im, 14:1), since it is uncommon for a house to have either a forehead or a hand.

Processing parah adumah

One of the steps in processing the parah adumah is throwing into the burning pyre the same three items tied together that were used to make the metzora and the tamei house tahor – that is, an eizov stalk tied to a cedar branch with a piece of crimson-red wool (Bamidbar 19:6; see also Parah 3:10).

Becoming tahor from tum’as meis

Someone or something that became tamei from contact with a corpse requires the following procedure to become tahor: ashes of the properly processed parah adumah are sprinkled into spring water and then a tahor person takes an eizov stalk, dips it into the parah adumah/spring water mixture and sprinkles this water onto the utensil or person that needs to become tahor. This procedure needs to be performed twice; the first sprinkling is at least two days after the person or utensil became tamei, and the second at least four days later (Bamidbar 19:18-19). These are referred to as the third and seventh day of the purification process.To be kosher, the sprinkling must be performed with a stalk of eizov.

With a vov or without?

This author has noted that the word “eizov” is spelled in all places in Tanach with four letters, including the vov, with the exception of parshas metzora, where it is always three letters, missing the vov. I have searched, but thus far not found, any commentator who explains a reason for this curiosity. I have also thought about this question, without any satisfactory answer. If any of our readers locates an answer to this question, I will be grateful to hear it.

Multi-use eizov

At this point, we can discuss the second of our opening questions: May an eizov be used more than once?

Of course, this question requires clarification: used more than once for what? Obviously, the eizov used in processing the parah adumah cannot be used more than once, since it was burned in the pyre of the slaughtered red cow. (Although it is popular to translate parah adumah as “red heifer,” I have written in other articles why “red cow” is a more accurate translation.)

The Mishnah states that an eizov used to sprinkle someone and thereby make him tahor from tum’as meis may still be used to make a metzora tahor (Parah 11:8), so we know that, in this situation at least, an eizov may be used for more than one type of purification. In addition, the Tosefta (Nega’im 8:2) states that an eizov may be used to make more than one metzora tahor. So, it would seem that an eizov may be used as many times as possible.

Is eizov muktzah?

As we will see shortly, the eizov was harvested sometimes for food, sometimes for (animal) feed and sometimes as firewood. The purpose for which it was harvested determines whether it is muktzah on Shabbos. If it was harvested for food or feed, it is not muktzah, but if it was harvested for firewood it is (Shabbos 128a).

What species is eizov?

All of this previous discussion does not explain what an eizov is. The word is always translated in English as hyssop, which, according to my desktop dictionary, has the following meanings:

1. “A woody plant, Hyssopus officinalis, native to Asia, having spikes of small blue flowers and aromatic leaves used in perfumery and as a condiment.”

2. “Any of several similar or related plants.

3. “An unidentified plant mentioned in the Bible as the source of twigs used for sprinkling in certain Hebraic purificatory rites.”

The word purificatory means “something used in an act of purifying,” which means that dictionary definition #3 is a perfect translation for the word eizov, except that I would use the word “stalks,” rather than “twigs,” as we will soon see. I suspect that the contributor to the dictionary has not spent as much time analyzing Talmudic sources on this topic as I have.

The dictionary itself notes that we do not know if Hyssopus officinalis is the original eizov that the Torah meant. The English word “hyssop” was derived from the Hebrew word eizov, via Greek, Latin and possibly French.

Readily available in Egypt and Eretz Yisroel

The exact identification of eizov was well known from the time of the Exodus from Egypt through the time of the Mishnah, a period of almost 1600 years. This we know because the Mishnah in several places refers to “eizov” without any need to explain what is intended by the term. At the time and place of the Mishnah, its identity was still widely known, but sometime during the time and/or place of the Gemara, uncertainty regarding its identity developed. This might mean that eizov grew commonly from Egypt through the area of Eretz Yisroel, but was less commonly available in Mesopotamia, a section of which we call Bavel, 550 miles further east, and with a very different climate.

Hints of eizov

The Tanach and the writings of Chazal contain the following hints that might help us identify which species is the true eizov:

Very short

Several midrashim mention that eizov was a very low-growing plant. The midrash states that Shelomoh Hamelech explained why purifying the metzora requires the use of the tallest among tall trees (a cedar) and the shortest of the short plants (the eizov). Since this individual may have been as haughty as the cedar is tall, he was humbled by being smitten with tzaraas. When he learns to humble himself as the eizov is short, he will be cured by the eizov (Bamidbar Rabbah, Chukas 19; see also Shemos Rabbah 12:7).

From a Mishnah we see that, occasionally, an eizov was so small that it was difficult to dip into the water containing the ashes of the parah adumah, but it was still large enough to use for sprinkling. To quote the Mishnah: “A short eizov can be extended with a string or a stick and immersed this way. Then the eizov itself must be grasped when used for sprinkling” (Parah 12:1).

How small?

Short is a relative term. Are we able to quantify the size of an average eizov plant?

Indeed, we can, because the Mishnah permits using an eizov for sprinkling, even if it was as small as the volume of an egg, as we see in the following Mishnah: “Someone who used a tamei eizov to sprinkle, if the eizov was the size of an egg, it made the water of the parah adumah tamei, and the sprinkling does not make the person tahor. If it was smaller than the size of an egg, it does not make the water tamei” (Parah 12:6). Thus, this information will help us identify  potential eizov candidates.

Inexpensive

We also know that the eizov was considered inexpensive (see Yalkut Shimoni, Shir Hashirim #986).

Grows on walls

From the pasuk in Melachim I 5, 13, we see that eizov sometimes grows out of walls, as it says that Shelomoh spoke about the eizov that grows out of the wall. Many plants can grow from the cracks between the stones of a wall; however most will not sustain themselves this way.

It is edible

Several Mishnayos indicate that the eizov, or some part of it, was commonly eaten. We also see that eizov was not harvested exclusively for food, but was often gathered or cultivated for feed or for firewood (Shvi’is 8:1; Parah 11:8; Tosefta, Shabbos 8:31). These usages of the eizov are reiterated in a Gemara (Shabbos 128a). We also know that it was eaten either raw or cooked (see rishonim to Shevi’is 8:1), implying that it was not eaten exclusively as a salad green.

A Mishnah implies that only part of the eizov plant is edible – there are parts too hard to be considered food, but are useful for holding the edible part of the eizov (Uktzin 2:2).

We also know that it had a medicinal use (see Shabbos 109b; rishonim to Shevi’is 8:1), since the Gemara states that shumshik was used to treat kukiyani. (See below for the identification of shumshik as a suggestion for eizov.) The Gemara mentions that kukiyani was caused by eating barley flour that had remained in storage for forty days (Shabbos 109b). Rashi explains that kukiyani was some type of intestinal worm.

Berriful

From other Mishnayos we know that some type of berry grows on the eizov (Parah 11:7). There are varieties of marjoram, oregano and hyssop that have some type of cluster that grows on the stem, in addition to the leaves, and this is probably what is intended.

Different types of eizov

We see from the mishnayos (Nega’im 14:6; Parah 11:7) that there were various types of eizov, but most were identified by an adjective, such as “Roman eizov,” “blue eizov” and “desert eizov.” These other varieties were not kosher for use for any of the above-mentioned mitzvos, all of which required a species or variety that was widely known simply as “eizov,” without any adjective. To quote the Mishnah, “that which was called the Greek eizov (or eizovyon, there are two different texts to this Mishnah), the blue eizov, the Roman eizov, the desert eizov, and any other variety with a qualifying description is not kosher as eizov” (Nega’im 14:6; Parah 11:7). Dr. Yehuda Feliks, who devoted much research to identify various species mentioned in Tanach and Mishnah, suggested that “blue eizov” is Hyssopus officinalis, a variety of hyssop whose flowers are usually blue.

Does it have branches?

Regarding the requirement to use the eizov for making someone tahor from tum’as meis, the Mishnah (Parah 11:9) cites a dispute between the Tanna Kamma and Rabbi Yehudah, wherein the Tanna Kamma holds that one uses a bundle containing three harvested eizov plants each complete with its root. Rabbi Yehudah adds that each should have a main stalk and two side shoots. On the other hand, the Tanna Kamma rules that a single eizov plant containing a main stalk and two side shoots can be separated into three stalks and then bound together, and it is kosher, lechatchilah, as “three, bound eizov stalks.”

Tying three eizov stalks together is lechatchilah, but not essential, bedi’eved. It is also acceptable to use an eizov plant that contains two or three eizov stalks or branches, without separating the stalks. Furthermore, the stalks may be held together, rather than tied. It is even acceptable to use only two, rather than three, eizov branches. In all of these instances, a tamei meis who was sprinkled with spring water containing parah adumah ashes by someone using these lesser quality eizov stalks has satisfied the requirement of one sprinkling that is part of the process of becoming tahor.

Usually three branches

Since the Tanna Kamma and Rabbi Yehudah are not disputing what type of plant is an eizov, we know the eizov plant must commonly have branches. This factor is mentioned in the Gemara that I will quote, momentarily, as the basis for a dispute identifying the eizov.

Available in Egypt and Israel but not in Mesopotamia

As mentioned above, at the time of the Mishnah, identity of the eizov appears to have been common knowledge. However, by the time of the Gemara, its correct identification was uncertain, as demonstrated in the following passage (Shabbos 109b): “Rav Yosef said: ‘Eizov is what we call avarsah bar hamag, whereas the eizovyon of the Mishnah is what we call avarsa bar hineg.’ (Rashi mentions that the first type is a plant that commonly grows near reeds, and the second type is a variety that commonly grows near thorn bushes.) Ula explained eizov to be what was known in his day as ‘white marva’ (which some translate to be a variety of sage). Rav Pappi explained that it was shumshik (some identify this as marjoram). Rav Yirmiya of Difti ruled that this last approach was most likely correct, since the (above-quoted) Mishnah stated that an eizov should ideally have three stalks, each of which has three flowers, and shumshik is a species that grows this way commonly.”

Which one?

Among rishonim, I found the following candidates suggested to identify the three differing opinions cited in this passage of Gemara: oregano, sage, marjoram, thyme and, indeed, the species today called hyssop, Hyssopus officinalis (see Rashi ad loc; Rambam, Commentary to Shevi’is 8:1 and to Nega’im 14:1; Aruch s.v. Shimshek; Ibn Ezra, Shemos 12:22).

(To correct a common error, marjoram and oregano are not two names for the same species. Marjoram’s botanical name is Origanum majorana, whereas common oregano is Origanum vulgare. The error comes from the fact that, in some places, oregano is called “wild marjoram.” Both oregano and marjoram are commonly used today as spices and herbs, and as natural herbal medicines for a variety of ailments.)

Another candidate is what is called today zatar, a commonly used spice that seems to fit the various descriptions mentioned above. Its scientific name is Origanum syriacum.

All of these candidates are small plants in the mint family that grow in the Middle East.

As with other mitzvos that require identification, there is a good chance that we will have to wait for Eliyahu Hanavi to provide definitive identification of this plant that has such halachic and hashkafic significance.

Conclusion

The midrash teaches that there are items in Hashem’s creation that look unimportant, and yet, Hashem commanded that they be used to fulfill many mitzvos (Shemos Rabbah, parshas Bo, 17:2,3). To quote the continuation of the midrash, “The eizov appears like nothing to man, yet its power is very significant to Hashem… this teaches us that small and large are viewed by Hashem with the same amount of significance. He makes miracles out of small items, and He redeemed the Jews with their use of the smallest of the tree family. …

“When the eizov is bundled, (Hashem says) I make you a bundle, just for Me, even if you are as seemingly unimportant as the eizov, as the posuk says, you will be My special treasure from among all the nations.”

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Staining Matters

Question #1: Stains

On Shabbos, must I try not to stain my clothes?

Question #2:  Lipstick

May I freshen my lipstick on Shabbos?

Question #3: Bleaching

Does bleaching out color violate the melacha of dyeing?

Introduction:

One of the 39 melachos listed in the Mishnah (Shabbos 73a) is tzovei’a, dyeing. This is derived from the fact that many of the textiles and hides used in the Mishkan required dyeing; for example, the ram skins used to cover the Mishkan were dyed red (Yerushalmi, Shabbos 7:2).

Painting metal or the walls of a house are other examples that violate the Torah prohibition of tzovei’a (Rambam, Hilchos Shabbos 9:13; Tiferes Yisroel, Kalkeles Shabbos; Minchas Chinuch).

Non-permanent dyeing

The prohibition of tzovei’a is violated min haTorah only when the dyeing is permanent (Rambam, Hilchos Shabbos 9:13). Non-permanent dyeing does not violate the law min haTorah, but was prohibited by Chazal.

There are several ways that dyeing or coloring something could be non-permanent. It could be that the colorant you used is not fast – meaning it does not absorb sufficiently into the cloth to remain (Tosefta, Shabbos 12:6). It also could be that the material to which you applied the dye will soon decompose (Tosefta, Shabbos 12:6). Yet another possibility is that the material you are dyeing is permanent, and so is the dye when used for coloring cloth, but the colorant will not set on this particular material. The Rambam picks such an example, when he rules that one does not violate tzovei’a min haTorah by smearing makeup onto metal, since the metal will not remain colored for very long (Hilchos Shabbos 9:13). Each of these non-permanent examples of dyeing is prohibited on Shabbos, but none involves a Torah prohibition.

The halachic authorities dispute concerning the length of time that a color must lastin order to qualify as permanent. According to the Rambam (Hilchos Shabbos 9:13), a dye that will remain for a day is long enough to be considered permanent — thus, someone using a colorant that will disappear a day after use desecrates Shabbos min haTorah (Shaar Hatziyun 303:68; see also Chayei Odom who appears to agree with this ruling). However, other authorities contend that violating the melacha of tzovei’a min haTorah requires a more permanent act of coloring, defined as something that lasts for a “long time” (Tiferes Yisroel in Kalkeles Shabbos).

Staining your clothes

The Shulchan Aruch rules that, because of the melacha of tzovei’a, when eating foods like beets and cherries, you should be careful not to stain your clothes (Orach Chayim 320:20). Notwithstanding that most of us are not interested in having our clothes stained by these foods, it is still prohibited miderabbanan to do so deliberately; for example, to wipe one’s hands on clothing after eating cherries. There are halachic authorities who rule that the laws of Shabbos do not require you to be concerned about staining your clothes, because doing so is considered dirtying your clothes, not dyeing them (Darchei Moshe 320:2, quoting Agur). However, the Shulchan Aruch rules strictly, and the consensus of later authorities accepts this opinion.

We can, therefore, now address our opening question: “On Shabbos, must I try not to stain my clothes?”

The answer is that it is forbidden to wipe my hands on my clothes if my hands have something that might be considered a dye, even though, from my perspective, I am dirtying the garment.

Two melachos

We see from the Gemara (see below) that a particular activity can be forbidden both because of tzovei’a and because of another melacha, at the same time (Shabbos 75a). Although in our day, there is no practical halachic difference whether an activity violates one melacha or two, when the Beis Hamikdash is rebuilt, speedily and in our days, there will be different halachic practices that result.

Lipstick on Shabbos

According to some authorities, applying lipstick is prohibited, both because of tzovei’a and because of memarei’ach, the melacha involved when one smoothes or files down a surface (Nimla Tal, Tzovei’a, note 31).

At this point, we can address the second of our opening questions: “May I freshen my lipstick on Shabbos?”

The answer is that applying lipstick may potentially involve two different melachos of Shabbos, tzovei’a and memarei’ach, and that both violations may be min haTorah.  There are possibilities why the violation of tzovei’a, in this instance, may be only rabbinic. One reason is because the lipstick may not remain on the lips for a full day, and the second reason, because the lips are already colored. However, notwithstanding these reasons, it is still, definitely prohibited miderabbanan as tzovei’a and is probably prohibited min haTorah as memarei’ach.

Is squeezing dyeing?

One rishon,the Ramban (Shabbos 111a), contends that squeezing liquid out of a soaked piece of cloth violates the melacha of dyeing, because the squeezing changes the current color of the cloth. (This is how his opinion is understood by the Magen Avraham,end of chapter 302, and Shu”t Avnei Neizer, Orach Chayim #159:20; however, the Lechem Mishneh [Hilchos Shabbos 9:11] understands that the Ramban agrees with the other rishonim that squeezing is prohibited because of melabein, laundering and not because of dyeing.)

Creating a dye

The rishonim dispute whether creating a dye violates dyeing. According to the Rambam, blending together ingredients that, together, create a dye is a toladah of the melacha of tzovei’a, meaning that this is a sub-category of dyeing that is prohibited min haTorah (Hilchos Shabbos 9:14). However, the Ra’avad disagrees, contending that someone who creates a vat dye, which means that he heats raw materials intending to dye cloth by submerging it in the heated liquid, violates the melacha of “cooking” when he creates the dye. According to the Ra’avad, the melacha of dyeing is not violated until the cloth is placed in the vat to absorb the dye, and creating a dye without use of heat is not a Torah violation at all. This is because tzovei’a is violated min haTorah only when the result is a finished product; since creating a dye is only a preliminary step, it does not constitute a Torah violation of the melacha.

It seems that this identical dispute is a contention between other early rishonim. The Mishnah explains that it is prohibited min haTorah to stir a pot of vat dye on Shabbos. The question is — which melacha does this act violate? Tosafos (Shabbos 18b s. v. dilma) explains that this stirring violates tzovei’a, whereas Rashi (ad loc.) implies that it violates bishul, cooking. It would appear that the Ra’avad and Rashi have a similar approach, both contending that preparing a vat dye violates cooking, but not dyeing, whereas the Rambam agrees with Tosafos that manufacturing the dye violates tzovei’a.

Intensifying color

If a cloth or another textile already has a shade of color, but it is not dyed as deeply as you want, is it prohibited min haTorah to dye it to a deeper hue? According to most authorities, intensifying the shade of a pigment that already exists violates tzovei’a min haTorah. If the additional dyeing does not make a significant difference in the color, the violation is rabbinic, not min haTorah (Mor Uketziyah, end of 328; cf., however, see Shu”t Avnei Neizer, Orach Chayim #172, who contends that once the fabric has been dyed a certain color, adding to that color does not involve a Torah prohibition. This is a minority opinion.).

Bleaching or dyeing?

At this point, we can ask whether dyeing is defined as changing the color of an item, or adding color to an item. A difference in practical halacha between the two approaches is whether bleaching an item, which changes the color by removing pigment, violates the melacha of tzovei’a.

According to most authorities, tzovei’a means applying pigment or colorant to the surface of an item that thereby changes its color. For example, the Rambam defines a different one of the 39 melachos, melabein, to be bleaching. He seems to understand that laundering is a sub-category of melabein. The question is why bleaching is not considered the same melacha as tzovei’a, dyeing, which is also concerned with changing the color of a fiber. The answer appears to be that, whereas tzovei’a adds color to the fiber, bleach removes color from the fiber. In the Rambam’s opinion, adding color to an item constitutes tzovei’a, whereas bleaching it and removing impurities that detract from the appearance of the cloth constitute melabein.

However, a minority opinion contends that any color change, including bleaching out the color, violates tzovei’a (see Tosafos, Bava Kama 93b, s. v. ha).

Painting white

“If someone whitewashes his wall or paints something white, what melacha has he performed?”

The answer is that he violated the melacha of tzovei’a,dyeing, not of melabein, even though the word melabein could be translated as “he makes something white.” This is true, even according to those who contend that bleaching does not qualify as tzovei’a. The reason is that bleaching removescolor, whereas in these cases a white color is added to the surface of the wall or other item.

The Rogatchover’s position

Rav Yosef Rosen — early 20th century rav of the Chassidishe community of Dvinsk, Latvia (for much of this period, part of the Russian empire), known colloquially as “the Rogatchover,” for his place of birth — was known for his original approaches to halachic issues. Often, these approaches produced interesting strict or lenient conclusions. In one of his essays, the Rogatchover concludes that mixing a dye into a liquid does not constitute the melacha of tzovei’a. His logic is that tzovei’a requires changing an item’s color. When mixing a dye base into a liquid, the liquid’s color is not changed. What has happened is that two colors are blending together to appear as one consistent color.

Regarding tzovei’a, the Rogatchover will permit several instances that are prohibited by other authorities. An example is if someone diluted a dye with water to create an art display. According to the Pri Megadim and the Tiferes Yisroel, this act is prohibited on Shabbos min haTorah. However, the Rogatchover will dispute their conclusion, since the color is created by mixing and not by coating an item with color.

Staining your hands

The Shulchan Aruch (Orach Chayim 320:20) implies that there is no halachic problem with getting your hands or face stained while eating. The Mishnah Berurah (320:58) asks: since we prohibit women from applying makeup on Shabbos because of tzovei’a, applying color to human skin violates tzovei’a. If this is true, just as staining clothes violates tzovei’a, shouldn’t someone be required not to stain his hands and face? The Mishnah Berurah answers that since men do not usually apply makeup to their faces, it is permitted for them to eat foods that might stain their faces.

Conclusion

Shabbos is a day which is called “mei’ein olam haba” – a day that is a small taste of the World to Come; a day when we are given a neshamah yeseirah – a special Shabbosdik neshamah;  a day when Hashem’s Shechinah resides with us. The sefarim hakedoshim discuss these ideas and how much we need to prepare ourselves, every week, in order to properly relate to Shabbos Kodesh and to receive all of the benefit and bracha that Shabbos brings us.

Rav Samson Raphael Hirsch (Shemos 20:10) notes that people mistakenly think that work is prohibited on Shabbos, in order to provide a day of rest. This is incorrect, he points out, because the Torah does not prohibit doing avodah, which connotes hard work, but melacha, which implies work with purpose and accomplishment. On Shabbos, we refrain from altering the world with our own creative acts and, instead, emphasize Hashem’s role (Shemos 20:11). We thereby acknowledge the true Builder and Creator of the world and all that it contains, and focus on our relationship with Him.

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Reviewing the Parsha

Question #1: When do I start?

When do I begin my weekly reading of the parsha?

Question #2: Which commentary?

Which Torah commentary is the most important to study every week?

Question #3: Which system?

Is it better to read each posuk of the Torah twice, followed by its translation, and then proceed to the next posuk? Or perhaps, it is preferable to follow the stops that are in the Torah itself, the sesumos and pesuchos, and read the pesukim as a group, repeat them, and then read their translation? Or, perhaps, it is even better to read the entire parsha from beginning to end, repeat it, and then read the translation of the entire parsha?

Introduction:

The Gemara (Brachos 8a) teaches that every man is required to read through the entire parsha every week, twice, and also to study its translation. This is called shenayim mikra ve’echad targum, whose abbreviation is the same four letters that spell the word Shemos, the name of this week’s parsha. Some authorities expand this into a longer mnemonic based on the roshei teivos, an abbreviation that is a play on the first two words of this week’s parsha, “ve’eileh shemos”, these are the names [of the Children of Israel who arrived in Egypt], as “Vechayov adam likros haparsha shenayim mikra ve’echad targum (Levush, Orach Chayim 285:1).

The original passage of this Gemara includes many innuendoes. “A person must always complete his parshi’os — twice the Scripture and once its translation — together with the community [im hatzibur], even Ataros and Divon [names of places in Eretz Yisrael, see Bamidbar 32:3], since whoever completes his parshi’os with the community has his days and years lengthened” (Brachos 8a-b).

There are numerous questions on this short passage of Gemara. Among them are:

Must always

Why emphasize that a person “must always” do this? Were we not told that he must “always” do this, would we think that sometimes you may ignore this mitzvah? Something dependent on our preference to perform it or not is, by definition, not an obligation. Perhaps the Gemara’s phrase,“must always,” is coming to exclude the idea that shenayim mikra ve’echad targum is not an absolute obligation, but dependent on circumstances, comparable to mitzvos such as mezuzah, which is required only if you live in a house with doors, but does not require living in a house with doors to observe the mitzvah. Someone who lives in a tent or an igloo is not obligated to build himself a house in order to fulfill the mitzvah of mezuzah.

Complete

The Gemara expresses the obligation of shenayim mikra ve’echad targum as le’olam yashlim adam parshi’osav. There are many words in Hebrew for reading or studying. Yet, the Gemara ignores all these choices and, instead, uses the Hebrew word yashlim, “he should complete.” What are Chazal emphasizing with this verb that we would not understand should it have written instead “yikra,” “yilmod,” “yeshanein” or any of several other choices?

With the community

The Gemara explains that the requirement is to complete parshi’osav im hatzibur, literally, “his passages (or Torah reading) together with the community.” This appears to be redundant – are not the weekly Torah readings what the community will be reading this week?

Rav Bibi

The passage of Gemara in which the mitzvah of shenayim mikra ve’echad targum is taught adds to its discussion. It continues by telling two anecdotes of Rav Bibi (this is a real name, not a nickname for Binyamin Netanyahu), the son of the famous Abaya (as in Abaya and Rava). The first story is that Rav Bibi had fallen behind in his weekly reading and wanted to catch up what he had missed on Erev Yom Kippur. He was stymied in his attempt to do so, upon discovering that there is a mitzvah min haTorah to celebrate Erev Yom Kippur with festive meals, thus taking away from the time he needed to finish up all his missing parshi’os.

The acharonim, the later commentators, suggest several reasons why Rav Bibi wanted to finish before Yom Kippur. Some suggest the following: Rav Bibi was Abaya’s son, and therefore he was of the descendants of Eili Hakohen, upon whom there is a curse that they not live long. Therefore, he wanted to accomplish the mitzvah of shenayim mikra ve’echad targum, which includes a special blessing that it lengthens one’s years, so that he would be granted on Yom Kippur many extra years (Iyun Yaakov; see also notes of Ya’avetz on this passage of Gemara).

Others demonstrate from Rav Bibi’s approach that it is perfectly acceptable to complete shenayim mikra ve’echad targum anytime before Simchas Torah, when the annual cycle of reading the Torah is completed (Hagahos Maimoniyos, Hilchos Tefillah, end of Chapter 13). We will soon see that this position is disputed.

Continuing the passage of Gemara: Having discovered that this solution of completing shenayim mikra ve’echad targum on Erev Yom Kippur was not practical, Rav Bibi decided that next year he would get ahead of the game and prepare the parshi’os a few weeks in advance. This approach was rejected when Rav Bibi was told that this is not an acceptable way to observe the mitzvah. An elderly scholar quoted Rabbi Yehoshua ben Levi, who commanded his own sons that the mitzvah requires “completing your parshi’os with the tzibur,” and “neither earlier nor later” (Brachos 8b).

Which commentary?

The Gemara states that one must recite “targum,” usually assumed to mean the specific Aramaic translation of the Torah authored by Onkelos. However, the word targum can also mean “translation,” and is occasionally used to mean what we would call a commentary. Even Targum Onkelos is, at times, closer to a commentary than a translation; this is certainly true regarding the other two Aramaic targumim to the Torah that have survived, Targum Yonasan and Targum Yerushalmi.

Tosafos (Brachos 8a, s.v. Shenayim) quotes, but disagrees with, those who understood that someone unfamiliar with Aramaic can fulfill this mitzvah by reading a translation of the Torah in a language with which he is familiar. Tosafos objects, because there are aspects of understanding the Torah that we would never know without the Targum’s commentary, and that fulfilling the mitzvah of shenayim mikra ve’echad Targum requires reading, specifically, the targum and not any translation of the Torah portion in a familiar vernacular.

This dispute is recorded among halachic authorities, regarding whether one fulfills the mitzvah of shenayim mikra ve’echad targum by reading the parsha twice and then studying it with Rashi, particularly if an individual does not understand the pesukim any better by reading an Aramaic translation. The Tur (Orach Chayim 185) rules that one fulfills the mitzvah by reading either Targum Onkelos or Rashi, since both explain the verses according to Chazal, and this approach is followed by the Shulchan Aruch. I once heard from Rav Shimon Schwab that reading the chumash translation of Rabbi Samson Raphael Hirsch, similarly, fulfills the “targum” part of the mitzvah, since it is a translation of the pesukim that follows Chazal.

The Shulchan Aruch and most later authorities conclude that it is preferable to read both the Targum Onkelos and Rashi. Other authorities rule that when Targum Onkelos does not translate a posuk, but only repeats the Torah’s words, the posuk should be studied with one of the other targumim (Yonasan or Yerushalmi) that do translate those pesukim (see Tosafos, Brachos 8b s.v. Va’afilu). When available targumim simply repeat the words of the Torah, the early authorities dispute whether one is required to repeat the posuk three times.

Goal

What is the goal of the mitzvah of shenayim mikra ve’echad targum? This appears to be a dispute between early halachic authorities.

Education

Is this a takanah whose purpose is to insure that every member of the Jewish people be fully familiar with the Torah she’biksav, the Written Torah? Some authorities contend that, indeed, the goal is for every Jew to be fully familiar with the parsha and know what it means.

An introduction is required to explain what appears to be a different reason for the mitzvahof shenayim mikra ve’echad targum. After the Jews had erred in Refidim (Shemos 15:22-25), Chazal deduced that the cause for this backsliding had been the lack of study of Torah for three consecutive days. To guarantee that this not recur, Moshe Rabbeinu required reading the Torah every Monday, Thursday and Shabbos, to insure that three days not go by without the Torah being read in public. Thus, our practice of reading the Torah constitutes the earliest takanas chachamim of Jewish leadership.

Chazal also established that the entire Torah be completed on a regular basis by reading consecutive portions on Shabbos. Initially, the readings of the Torah did not require, or even allow for, a baal keri’ah (often mistakenly called baal korei). Each individual was expected to be so well-versed in the written Torah that he would be able to read it, without any preparation. Thousands of years after the takanas chachamim of reading the Torah was instituted, in the era of the rishonim, the custom of having a prepared baal keri’ah developed. According to the Rosh, the problem was that the community was not fulfilling its mitzvah when people who were unprepared read the Torah in a completely unacceptable fashion. This forced the community to designate someone to prepare the Torah reading in advance.

Thus, many authorities maintain that the original takanah of Shabbos Torah reading included, or was later expanded to include, a requirement that everyone be prepared to read any part of the Torah that he might be called upon to read. This takanah is the mitzvah of shenayim mikra ve’echad targum, which included a requirement to review the targum of the weekly reading.

Are there any halachic differences between these two approaches? It appears that there are. According to the second approach, it is required to complete shenayim mikra ve’echad targum before the Torah is read, so that you are prepared, should you be called up for an aliyah.

However, we see that Tosafos disputes this ruling, since he states that it is preferable to complete shenayim mikra ve’echad targum before you begin your Shabbos meal, although, if not completed by that time, it can be completed afterward. Tosafos bases this opinion on a Midrash in which Rebbe (Rabbi Yehudah Hanasi) instructed his sons, prior to his passing, not to eat bread before completing shenayim mikra ve’echad targum. Obviously, Tosafos has no concerns that you must complete shenayim mikra ve’echad targum before the Torah reading begins. In his opinion, the mitzvah of shenayim mikra ve’echad targum is to encourage ongoing adult self-education, by requiring each individual to study the weekly Torah reading, on his own time.

Always complete

Perhaps this will explain why the Gemara writes that a person “must always” study shenayim mikra ve’echad targum during the week that the community is reading the parsha. Since the goal is Torah study, what difference does it make when an individual completes his annual study of the Torah? Perhaps he can study the entire year’s reading once a year, as Rav Bibi was initially planning? Or, perhaps, he can prepare the parsha well in advance, as Rav Bibi later thought to do? Therefore, the Gemara stresses that, notwithstanding that the goal of the mitzvah is to review the Written Torah annually, you must review it during the week that the community is reading it.

On the other hand, we find another approach tothe takanah of shenayim mikra ve’echad targum. The Hagahos Maimoniyos (Hilchos Tefillah, end of chapter 13) quotes from the Ra’avan (#88), an early rishon, that the entire mitzvah of shenayim mikra ve’echad targum applies onlyto someone who will not be able to hear the reading of the Torah on Shabbos. Obviously, the Ra’avan understands the words of Chazal,le’olam yashlim,” to mean “a person should always make sure to complete” the parsha, even when there are extenuating circumstances preventing him from completing it the way he usually does, by hearing the reading of the Torah.

The Hagahos Maimoniyos, the Beis Yosef and others (Rambam, Mahari Bruno, Mahari Weil, She’yarei Keneses Hagedolah) dispute the halachic conclusion of the Raavan, contending that the obligation of shenayim mikra ve’echad targum devolves upon everyone, even those who will be able to hear the weekly reading. Nevertheless, they may agree that the emphasis “a person should always make sure to complete” includes those who will not hear a Torah reading. This explains the peculiar wording that a person should complete his parshios together with the tzibur. I will present shortly yet another possible explanation of this wording.

With the community

The Gemara required that shenayim mikra ve’echad targum be performed “together with the community [im hatzibur].” We see from the story of Rav Bibi and the teaching of Rav Yehoshua ben Levi that this means during the week that the tzibur is reading this parsha, and we see further that, according to one opinion, it should be completed before the kerias haTorah of that week begins. But, exactly, when can we start? Tosafos rules that once the Torah of the next week’s parsha was read at mincha, on Shabbos, it is considered im hatzibur to begin the next parsha. The Radbaz agrees with Tosafos, and is inclined to rule that it is better to begin shenayim mikra ve’echad targum immediately after mincha on Shabbos. This demonstrates that, when one week’s parsha ends, we focus immediately on the next week’s reading, similar to what we do on Simchas Torah when we begin reading Bereishis immediately after completing Devarim (Shu’t Haradbaz #288). For the same reason, the custom at a siyum is to begin the next learning project immediately upon completion of the mesechta or other learning project that generates the siyum.

The Radbaz also quotes an opinion not to begin shenayim mikra ve’echad targum until Sunday morning. In his conclusion, he defers to this approach.

Other authorities prefer that shenayim mikra ve’echad targum be read on Erev Shabbos, after midday (Magen Avraham quoting Shelah). It is interesting to note that some authorities contend that the optimal way to fulfill shenayim mikra ve’echad targum is to read the two times of the parsha from a sefer Torah, on Friday morning (Arizal and Taz, see Sha’arei Teshuvah 285:1). These opinions may hold that the primary reason for the mitzvah is to prepare the leining, should you be called to the Torah.

Which system?

Is it better to read each posuk of the Torah twice, then its translation, and then proceed to the next posuk? Or, perhaps, it is better to follow the stops that are in the Torah itself, the sesumos and pesuchos, and read the pesukim as a group, repeat them, and then read their translation? Or perhaps it is preferable to read the entire parsha from beginning to end, repeat it, and then read the translation of the entire parsha?

Among the earlier authorities, we find each of these three approaches mentioned. The Vilna Gaon, who contends that you should read from one pesucha or sesumah to the next, also accepts stopping where the topic changes, even when it is not a pesucha or sesumah. Apparently, he divided the parsha and read parts of it each day after davening, completing it on Friday (Ma’aseh Rav #59).

The Arizal, apparently, followed the third opinion to read the entire parsha twice and then the entire targum.

The Mishnah Berurah concludes that you may follow any of the three opinions. However, it is unclear whether he holds that you may switch from one opinion to a different one. He may hold that you should always follow one opinion, consistently, although the Aruch Hashulchan (285:7) expressly rules that you may switch from one approach to another.

I want to note that I know of no opinion that holds that you should observe shenayim mikra ve’echad targum by reading the parsha aliyah by aliyah or by stopping at the chapter stops (unless it is a pesucha or sesumah or where the topic changes). The reasons why these are not considered proper stopping places are obvious. The chapter stops are not Jewish in origin. When the Christians appropriated our Tanach for their purposes, they instituted chapter breaks (and also devised many new divisions among the seforim), for their convenience. Although most poskim find no prohibition in using these chapter breaks as a convenient way to locate and refer to pesukim, many gedolei Yisroel were opposed to using them at all. They are often clearly in the wrong place and certainly have no halachic significance.

The breaks between aliyos, also, do not constitute halachic stops, for any purpose. Originally, there were few standardized stops (other than parshas Haazinu, the reading on Rosh Chodesh and some yomim tovim,and a few other places). There are halachic rules as to how long each aliyah must be, and where it is and is not permitted to stop. Other than those rules, the individual receiving an aliyah decided where he chose to stop, as long as he allowed enough parsha for the number of aliyos to be called up that day.

However, this system created a lot of havoc and machlokes. In response, a few hundred years ago, an individual printed chumashim in which he chose where each aliyah should end and distributed them for free; his goal being to curtail the machlokes that the previous system engendered. Most of our “commonly held” practices for aliyos start from this time, but they do not have halachic significance. As a matter of fact, the Vilna Gaon was opposed to using them (Maaseh Rav #132).

Conclusion

Germane to explaining why Chazal required a translation as part of shenayim mikra ve’echad targum, I want to share an insight that I discovered while preparing this article. Stopping to think through the correct translation of a posuk makes us focus on all the nuances of the original. Thus, not only does shenayim mikra ve’echad targum force us to review the Torah regularly, it expands our horizons, because we study it in a vernacular with which we are more familiar.

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