Halacha Series

Preperation for Rosh Hashanna 2

Uploaded on Sep 27, 2016

Rabbi Netanel Skypes in, for our last Shiur before the day of judgment!

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Halacha Series – Never Too Late

By Aharon Gabbay
As we said previously if one began kaddish or kedusha with 10 people and one or more left, that kaddish can be completed as long as a majority (6) remain. The ruling is as long as the congregation are still reciting the same ‘inyan’ (topic) they can carry on even if they are less than 10. The Mishnah Berurah adds that this applies even for the whole ‘chazarat hashsats’ that as long as it began with 10 people, if the minority leave, they can finish it since the whole prayer is one inyan. Likewise, ‘kadish titkabal’ that is said after ‘Uvah letsion’ in shacharit is still the same inyan as chazzarat hashats (‘titkabal stelatehon’ lit. means accept those prayers, referring to the amidah). Therefore, if 10 people left during ‘chazzarat hashats’ the chatsi kaddish and kaddish titkabal after the amida can still be said. But from then on, if there are less than 10, neither kaddish can be said nor the sefer torah could be read.

 

However, the Kaf Hachaim brings down that any kaddish said proceeding the amidah is not part of the amida and so if some left during the chazzara, the chazzara can be finished, but no kaddish can be said thereafter.  

 

The Kaf Hachaim asks, that later in the Shulchan Aruch ( as we have said before) is says one needs 9 people to answer Chazarrat Hashats, so how then can we continue if a person leaves the room during the repetition. He answers as long as you start Beheter ( when you are alowed to – i.e with 9 people ready to answer) if one or more leave – as long as 6 are left – the chazan […]

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Halacha Series – Man Down

By Aharon Gabbay

Maran Harav Yosef Karo writes in Orach chaim 55/1: 10 people are required for barchu, kedsuha and kaddish. Since these are a ‘davar skebekedusha’ (holy procedure) because of the holiness mentioned in them, therefore it is required for 10 people to be present while reciting these prayers. The Mishnah Berurah says that the same is also with the whole chazzarat hashsats that 10 is needed to say it. Furthermore, the Mishna Berurua says that there are no less 7 times in the day that we say kaddish:

1) after yishtabah,

2) ‘chatsi kadesh’ after the chazarah,

3) ‘kadish titkabal’ ,

4) after ‘aleinu’ since it has some pesukim within it,

5) after ‘ashrei’ in teffilat minchah,

6) after mincha,

7) in arvit after the ‘shema’ before the ‘amidah’.

Having said that, Maran adds in 55/2 that if one began kaddish or kedusha with 10 people and one or more left, that kaddish can be completed as long as a majority (6) remain. The ruling is as long as the congregation are still reciting the same ‘inyan’ (topic) they can carry on even if they are less than 10. However, in a case where chazzarat hashats began and one person left and there are cohanim present, since birkat cohanim is a separate inyan, 10 would be required again in order to say it. Nevertheless, if the prayer ‘elokenu ve’elokay avotenu’ was said (when no cohanim are present) 10 are not required again.

 

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Pat haba bekisanin round 2 – here’s cake

By Aharon Gabbay

Maran HaRav Yosef Karo says in Orach Chaim 168/7-8 amongst bread there are a type of baked goods which have bread like appearances but are not completely considered like bread, this category is known as ‘Pat Haba’ah Bekisanin’ (lit. bread that comes from a basket). The ruling is initially, the berachah before: mezonot. The berachah after: al hamichya (similar to any biscuits or crackers). But if one makes a meal out of these items (which will be defined), then they become Hamotsi before and birkat hamazon after.

There are 3 opinions of what is considered Pat Haba’ah Bekisanin:

1) flavoured/sweet dough.          

2) dough with pockets e.g. bourekas.

3) flaky pastry.

 

A vital point is that if the item is not Pat Haba’ah Bekisanin then it is 100% bread, but since there is an argument as to what is considered Pat Haba’ah Bekisanin, then we say safek berachot lehakel (since we have a doubt we would not go so far to say a berachah from the torah – hamotsi and Birkat hamazon, if we doubt, then these berachot shouldn’t even be said) Therefore the berachah on all Pat Haba’ah Bekisanin is mezonot and al hamichya.

 

Bearing in mind what we said last week that hamotsi covers all brachot prior to the foods in the meal besides for dessert, cake is Pat Haba’ah Bekisanin and so on one hand may be bread and on the other may not.

Therefore, (if you are paying attention, if not I’m getting married next week and I haven’t got time, but all prior halachot are on poratyosef.com!) when one is having a normal bread meal and cake comes as a dessert there is a question, on one hand it could […]

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The crisp sandwich

By Aharon Gabbay

Maran Harav Yosef Karo writes in Orach chaim 177: When one wants to have a bread meal,  the bracha of Hamotsi covers any food that is going to be accompanied with this meal.  The birkat hamazon that will be said after the meal encompasses all the  food that was eaten with the Bread in this meal. This includes the first course, second course, third course etc. and all drinks in the meal (except grape juice/wine) – but not dessert. Since dessert is considered separate from the meal, it is not covered by Hamotsi and so a new bracha would have to be said on any dessert that comes such as fruits, nuts, crisps and sweets (but not cake – we’ll get to cake!). However, a bracha does not have to be said after these desert foods since it will be covered by the proceeding birkat hamazon.

 

However, If the bread meal consists of a dessert  food along with other foods i.e. the dessert  food is part of the meal, e.g. chicken and a bowl of a fruit. Then we have a question. On one hand a bracha should be said on the dessert type food since it is a dessert food, but on the other hand, the dessert food is part of a meal and should not require a bracha. The solution suggested by Maran is (Which if this seems weird, please take it up with him!) to eat the first and last bite of the dessert type food together with a bit of bread and then no bracha is needed prior to the dessert type food.

And finally, if the bread meal only consists of bread and a dessert type food e.g. bread […]

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Taking what’s not yours

By Aharon Gabbay

Maran Harav Yosef Karo writes in Orach Chaim 14/4 that one may take his fellows tallit (to use for prayers) without permission providing he folds it again, if he found it folded. The Mishnah Berurah explains that the reason this is allowed is due to the fact that your average Jew is content that you would be using his item for a mitsvah (even if you didn’t ask him). However the Mishnah berurah adds that it is only permitted if the borrowing is a one off. Furthermore, the Mishnah Berurah also says that the case we are referring to where its usually found (i.e. in shul), but it would not be permitted to enter someone’s house and take their tallit, that would be considered stealing. The Mishnah berurah says that if its possible to ask the owner then it should be done, especially if the owner is particular with his items.

Rav Moshe Feinstein adds that despite the fact that a woman is not obligated to wear a tallit (so one might say that the owner wouldn’t necessarily want her to take it), still this previous ruling would apply and she could use the tallit (if she pleases). Rav Moshe also says that it would also be allowed to take a child’s tallit (even though he might not understand what mitsvot are).

Furthermore, the source for this entire ruling, the The Beit Chadash, also says that it similarly it would be allowed to borrow teffilin or arbah minim from someone else without permission, but again, it should only be done as a one off.

Rav Moshe Isserliss says that when it comes to borrowing a fellows siddur or sefer there is no permission because, […]

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Halacha Series – Pesach

HALACHOT OF MAGGID
Reciting the Maggid section of the Haggada at the Seder fulfills the Torah obligation to tell the story of Yetzi’at Mitzrayim (the Exodus), as the Torah writes, “Ve’higadeta Le’vincha Ba’yom Ha’hu” (“You shall tell your children on that day” – Shemot 13:8). The importance of this Mitzva is expressed in a passage in the Zohar which comments that anyone who tells the story of Yetzi’at Mitzrayim on the night of Pesach with sincere joy will one day rejoice together with the Shechina (Divine Presence) in the next world. Moreover, God Himself experiences immense joy, as it were, upon hearing the Jewish people telling this story, and He summons the Heavenly angels to come and listen to the story. The angels assemble to hear the story of the Exodus and rejoice over the great wonders and miracles performed by the Almighty in redeeming Am Yisrael, and they give praise to God for His great nation on earth that so joyfully celebrates His redemption. The Zohar concludes that we thereby increase God’s power, so-to-speak, to deal kindly with Am Yisrael. (Hazon Ovadia page 56.)

 

As mentioned earlier, the Torah introduces this obligation by instructing, “You shall tell your children on that day…” Thus, the essential obligation is for parents to tell the story to their children. Ironically, in many families the precise opposite occurs: children are encouraged to share with their parents some ideas and insights that they learned about the Haggada. Although it is admirable for children to share their knowledge, it is the parents who bear the obligation to teach their children.

 

Furthermore, in many homes the children go to sleep immediately after asking the questions of the “Ma Nishtana.” It must […]

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Halacha Series – Week 9 – Pesach is on it’s way 3

By Rabbi Mansour ( DailyHalacha.com)  Passover- Halachot of Maggid at the Seder

Reciting the Maggid section of the Haggada at the seder fulfills the Torah obligation to tell the story of Yetzi’at Mitzrayim (the Exodus), as the Torah writes, “Ve’higadeta Le’vincha Ba’yom Ha’hu” (“You shall tell your children on that day” – Shemot 13:8). The importance of this Mitzva is expressed in a passage in the Zohar which comments that anyone who tells the story of Yetzi’at Mitzrayim on the night of pesach with sincere joy will one day rejoice together with the Shechina (Divine Presence) in the next world. Moreover, God Himself experiences immense joy, as it were, upon hearing the Jewish people telling this story, and He summons the Heavenly angels to come and listen to the story. The angels assemble to hear the story of the Exodus and rejoice over the great wonders and miracles performed by the Almighty in redeeming Am Yisrael, and they give praise to God for His great nation on earth that so joyfully celebrates His redemption. The Zohar concludes that we thereby increase God’s power, so-to-speak, to deal kindly with Am Yisrael. (Hazon Ovadia page 56.)

As mentioned earlier, the Torah introduces this obligation by instructing, “You shall tell your children on that day…” Thus, the essential obligation is for parents to tell the story to their children. Ironically, in many families the precise opposite occurs: children are encouraged to share with their parents some ideas and insights that they learned about the Haggada. Although it is admirable for children to share their knowledge, it is the parents who bear the obligation to teach their children.

Furthermore, in many homes the children go to sleep immediately after asking the […]

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Halacha Series – Week 8 – Pesach is on it’s way 2

Week 8 – Pesach is on it’s way 2

By Rabbi Mansour ( DailyHalacha.com)

Passover- How To Prepare Food Utensils for Use on Pesach

Halacha divides food utensils into three categories with respect to the possibility of using them on pesach if they had been used with Hametz. On one extreme, clear glass utensils, including drinking glasses and Pyrex glassware, may be used on pesach despite their having been used with Hametz, and no “Koshering” procedure is required at all. (See Chazon Ovadya, page 154.) At the opposite end of the spectrum, earthenware and porcelain utensils, including chinaware and mugs, cannot be made useable for pesach if they had been used with Hametz. One must therefore purchase new earthenware dishes and mugs for pesach and designate them exclusively for Passover use. (See Chazon Ovadya, page 149)

In between these two extremes are metal utensils, such as pots and cutlery, which may be rendered useable for pesach through the process of “Hag’ala,” or immersion in boiling water. One places a large pot of water over the fire and brings the water to a boil until it overflows the top of the pot. Some people place a stone in the pot to ensure that the water will overflow the top. One then places the metal utensils in the boiling water, and they thereby become useable for pesach. It is preferable to dip the utensils in a pot of cold water immediately after removing them from the boiling water.

The preferred time for performing Hag’ala is before the onset of the Hametz prohibition on Erev pesach. If one immerses a Hametz utensil after the prohibition has taken effect, then it is possible for the Hametz particles that have been expunged from […]

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Halacha Series – Pesach is on it’s way

Week 7 – Pesach is on it’s way

By Rabbi Mansour ( DailyHalacha.com)

Thirty Days Before Pesach

Starting thirty days before Pesah, one must ensure not to handle Hametz in such a way that it might stick to something and thus be difficult to remove before Pesah. Although one is not required to begin ridding his property of Hametz thirty days before Pesah, it is proper already then to pay attention how Hametz his handled in anticipation of the need to eliminate all Hametz from his property. This is mentioned by the Bah (Rabbi Yoel Sirkis, Poland, 1561-1640) and the Magen Abraham (Rabbi Abraham Gombiner, Poland, 1635-1682), in Siman 436.

Likewise, starting from Purim one should avoid bringing books near food, as some small crumbs of Hametz might fall into the book, and this book may then be brought to the table on Pesah. One Rabbi was of the opinion that it is worthwhile to ensure to never bring a book near food at any point during the year, and that one thereby fulfills the Misva of remembering the Exodus. Whenever a person considers bringing a book to the table and refrains from doing so because this book might be brought to the table on Pesah, he remembers the holiday of Pesah and the commemoration of the Exodus, in fulfillment of a Misva. Although this is not required according to the strict Halacha, it is an admirable practice to observe.

The Meiri (Rabbi Menahem Meiri, 1249-1310), in his commentary to Masechet Aboda Zara (5), writes that it is proper to begin making preparations for Pesah already thirty days before the holiday. This includes shopping for the materials needed for Pesah and making practical arrangements.

It is customary among many to […]

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