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1 Living the Halachic Process Volume iii

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3 Volume III Answers to Queries Sent to the Headed by Rabbi Yosef Carmel Rabbi Moshe Ehrenreich By Rabbi Daniel Mann

4 Living the Halachic Process, Vol. III Eretz Hemdah Institute Eretz Hemdah Institute 2014 Additional copies of this book and a companion CD containing source sheets for the questions in the book are available at Eretz Hemdah: 2 Brurya St. P.O.B Jerusalem Israel (972-2) fax (972-2) info@eretzhemdah.org Editor: Rabbi Dr. Jonah Mann Copy Editor: Meira Mintz Typesetting & Book Design: Raphaël Freeman, Renana Typesetting Cover Design: Rivki Hadad All rights reserved. However, since the purpose of this publication is educational, the copyright holder permits the limited reproduction of sections of this book for non-commercial educational purposes. ISBN , hardcover Printed in Israel

5 לע"נ אשת חיל עטרת בעלה אמא וסבתא למופת רבת חסד ועשיה מרת סוזי (שרה) ונגרובסקי ע"ה רבות בנות עשו חיל ואת עלית על כלנה נלב"ע י בתמוז תשע"ד

6 ספר זה מוקדש לזכרם של סבנו וסבתנו שלמה וחנה שפירא-שלר שנספו בשואה ולא נודע מקום קבורתם תנצב"ה נכדיהם: משפחות רוטברג, שפירא, רוזנטלר, אלטשולר, יסלזון This book is dedicated to the blessed memory of Salomom and Chana Spira-Schaller שלמה וחנה שפירא-שלר who perished in the holocaust and their final resting place is unknown תנצב"ה Their grandchildren: The Rotberg, Spira, Rosenthaler, Altshuler and Jeselsohn families

7 Dedicated to the memory of Leah and Rabbi Jacob Mann הרב יעקב ולאה מן ז"ל Quincy, Mass. Miriam and Abraham Roseman אברהם אייזיק ומרים רוזמן ז ל Kew Gardens Hills, New York

8 Dedicated by Mr. & Mrs. Tuvia and Barbara Levkovich Lezecher Nishmat her brother ז"ל Moshe Yaakov ben ע"ה & Shulamit Halya שיחיה Gedaliah PINSKY

9 In Loving Memory of ז"ל Rabbi Emanuel and Pesha Gottleib our beloved grandparents Their love for their children, grandchildren, and great-grandchildren was paralleled only by their love for Torah, Learning, and Eretz Yisrael Shprintzy and Effy

10 לעלוי נשמת מנוחה פרידמן הי"ד בת ר' יעקב אריה והדס פרידמן ז"ל אחותו של הרב מאיר פרידמן ז"ל ידיד ארץ חמדה In Loving Memory of Menucha Frydman sister of Rabbi Meyer Frydman מוקדש ע"י דוד, אריה ויעקב פרידמן ומשפחותיהם

11 We dedicate this book in honor of The Soldiers of the State of Israel Eric and Gale Rothner

12 לעילוי נשמת יצחק אייזיק בן יהודה לייב ע"ה Usdan Irwin התמסרותו למידת הישרות וההגינות ברוח התורה עברה כחוט השני במסכת חייו. מידותיו התרומיות ומעלותיו גדשו את חייו הצנועים כאיש עסקים. שמו הטוב הלך לפניו כאיש ישר בעל מוסר עבודה גבוה. נעימות הליכותיו ודיבורו בנחת עם הבריות היו נודעים לכל. היווה בחייו דוגמא חיה וזוהרת למשמעותה המלאה של קבלת אחריות כלפי הציבור וכלפי המשפחה. חי חיים צנועים בכדי לאפשר את קיומם של חיי תורה ומצוות באמריקה. היה "עשיר" גדול על פי קנה המידה האמיתי שקבעו חז"ל במסכת אבות "השמח בחלקו". הקדשת ספר זה לעילוי נשמתו יש בה הצדעה לאהבתו הגדולה ללימוד התורה והשתתפות בשיעור תורה, וחגיגת הערך העליון ממנו שאב נחת רוח של ממש הזכות לראות בחייו את ילדיו לומדים בישיבות ואת נכדיו ממשיכים את דרך התורה והמצוות אשר התווה להם. נפטר בפתאומיות בטרם עת בגיל 62. אמנם לא זכה לאריכות שנים, אך זכה בהחלט לאריכות ימים באשר כל ימיו היו מלאים בתורה ודרך ארץ. "סו ף ד ב ר ה כ ל נ ש מ ע א ת ה א ל ה ים י ר א ו א ת מ צ ו ת יו ש מו ר כ י ז ה כ ל ה א ד ם" (קהלת יב, יג) הוקדש על ידי חיה דבורה וצבי אהרן יוזדן

13 Foreword והחוט המשלש לא במהרה ינתק and the threefold cord will not be quickly severed (Kohelet 4:12) It is our privilege to present the third volume of Living the Halachic Process. Rabbi Daniel Mann, one of the first graduates and a musmach of Eretz Hemdah with the Torah crown of Yadin Yadin is one of the pillars of Eretz Hemdah. Rabbi Mann is a central part of our English language Ask the Rabbi responsa project, which serves tens of thousands of Jews all over the world and is responsible for the English language weekly publication of divrei Torah, Hemdat Yamim, part of which is well known to the reader of Torah Tidbits, as the Vebbe Rebbe column. His work is awaited and appreciated by a huge readership in every corner of the globe. We are therefore confident that this new volume, which is a natural outgrowth of that work, will be well received, like the previous volumes, by a broad readership. Our wish for him and for us is that we should have the privilege to continue in the footsteps of our mentor, Maran Hagaon Harav Shaul Yisraeli zt l to spread Torah and Halacha in a way that more and more people will love and appreciate and cling to the obligation to live according to Halacha. With Torah blessings, Rabbi Yosef Carmel Rabbi Moshe Ehrenreich Deans of Eretz Hemdah xiii

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15 Preface In the prefaces of the first two volumes of Living the Halachic Process we spelled out much of the background behind the book: the internet Ask the Rabbi service, the halachic philosophy of Eretz Hemdah, and the challenge of rendering halachic rulings in the impersonal forum of the Internet. As we prepare to present the questions and answers that comprise this third volume to the public in book form, we have decided to cut back on explanations. With Divine Assistance, we have been sharing our rulings with rabbis (in Hebrew, in the BeMareh HaBazak series) on a broad spectrum of issues with the public for over two decades. For some fourteen years, we have been sharing our answers in English to questions from the general public in the weekly publications Hemdat Yamim and Torah Tidbits. After all this time, we will suffice with referring to the introduction and prefaces of the first two volumes and rely on the familiarity with our work of much of our readership. It is always a pleasant obligation to thank those who have helped make this volume, in its present form, a reality. While I have authored all the answers found in Living the Halachic Process, I have done so, not as an individual project, but as a member of the staff of Eretz Hemdah to whom the great majority of these questions were sent for the institute s ruling. As always, this project of Eretz Hemdah was initiated and supervised by its deans, Rav Moshe Ehrenreich and Rav Yosef Carmel, in keeping with the spirit of and the guidance provided by our founding president and mentor, HaGaon HaRav Shaul Yisraeli, zecher tzaddik livracha. Many of the questions and answers were discussed with our deans, especially when I was unsure whether my ruling or presentation captured the approach and spirit of Eretz Hemdah. That being said, I must caution that due to the fact that this book is not written in their native tongue, they did xv

16 Living the Halachic Process not review it word for word, and therefore not everything within it is necessarily the institute s official position. To bring the literary quality of this book up to standard, I was privileged to once again receive the editing services of avi mori (my father/teacher), Rabbi Dr. Jonah Mann. His great dedication to every phrase and word of the book, with the encouragement and help of imi morati, Tirtza Mann, never ceases to inspire me, even during this fourth collaboration. May HaShem grant us many more years of joint study and projects in good health. The copy editing was provided by Meira Mintz with great wisdom, professionalism, and enthusiasm. Raphaël Freeman did another fine job on the typesetting. This is a good opportunity to thank Riki Freudenstein who has been proofreading, since the beginning, our weekly publication Hemdat Yamim, from which all these pieces have been taken, with a spirit of ahavat Torah and ahavat haberiyot. The office staff at Eretz Hemdah, led by Yafa Rosenhak, have, as always, been supportive, skilled and helpful. Rivki Hadad has been very involved in this volume, producing the graphic design and arranging the source sheets for the accompanying CD, in which Rachel Harari-Raful has also assisted. Having been affiliated with Eretz Hemdah for more than a quarter century, first as a student and then as a staff member who has been privileged to be included in many important projects, I would like to express my gratitude. The gratitude is both personal, as the recipient of spiritual and material support throughout the years, and on behalf of Klal Yisrael, before whom I can testify about the great efforts that Eretz Hemdah has dedicated on their behalf with great love. In addition to the deans, the board of the Institute, now headed by Shalom Wasserteil, has enabled Eretz Hemdah to both educate exceptional Torah scholars and provide many services for the benefit of the Jewish community in Israel and throughout the world. In researching and writings the responses in this volume, I have over the years used teachers, colleagues, family, friends, and students as unofficial advisory boards and/or sounding boards, and they have enhanced my thinking significantly. Of specific note are Rabbi xvi

17 Eretz hemdah institute Menachem Jacobowitz and Rabbi Ofer Livnat, colleagues at Eretz Hemdah, along with many of the fellows at Eretz Hemdah, and my senior colleagues at Yeshiva University s RIETS Israel Kollel, Rabbi Dovid Miller and Rabbi Assaf Bednarsh. Many of the questions were jointly studied with a group of my students at the RIETS Israel Kollel. I thank all of them for their time and insight. Special thanks to my long-time rebbe, Rabbi Mordechai Willig, who once again somehow found the time to review every word of this volume. I am very indebted to my wife, Natanya, for enabling me to dedicate my time to the study and teaching of Torah and inspiring me by her example of dedication and enthusiasm to mitzvot, especially the teaching of Torah and tireless chesed. May we continue to see great nachas from our children and thankfully already their children. Above all, we thank Hashem, the Giver of the Torah, for allowing us to teach His Torah to His nation. We are indeed privileged to live in a generation in which we can communicate with those so far away in a moment s time and are able to try to help them solve halachic dilemmas. We are further fortunate to be able to share the ideas of timeless Torah, applied to old and new situations, with a broad public of people who are thirsty to know how to follow Halacha and are interested in understanding why they should be doing what they do. May we all merit to increase that which is good and noble in our Torah-lead lives. Rabbi Daniel Mann Eretz Hemdah Institute Cheshvan 5775 (Nov. 2014) xvii

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19 Contents TEFILLA (PRAYER) A-1 What One Can Do While Waiting to Take Three Steps Back 1 A-2: How to Carry Out a Shortened Chazarat HaShatz 4 A-3: Davening Without a Minyan vs. Working Before Davening 7 A-4: Forming a Separate Minyan to Accommodate Multiple Mourners 10 A-5: A Brit Mila or Mincha Which Should be Done First? 13 A-6: A Wheelchair Bound Chazan 16 A-7: What a Woman Should Do If She Missed Mincha 19 A-8: Chazanim Repeating Words 22 A-9: One Who Davened Mincha Instead of Ma ariv 25 A-10: At What Points During Davening May a Gabbai Speak? 28 A-11: Must the Oleh for Maftir Read Along? 31 A-12: The Correct Pronunciation of a Kamatz Katan 34 A-13: Giving the Second Aliya to One With Doubtful Levi Status 37 A-14: What to Do When a Mistake is Found in a Sefer Torah During Laining 40 A-15: Correcting a Mistaken Opening Beracha for Torah Reading 43 A-16: Are Levi im Obligated to Wash the Hands of the Kohanim? 46 A-17: An Ashkenazi Doing Birkat Kohanim in a Sephardi Minyan in Chutz La Aretz 49 A-18: When to Go Up for Birkat Kohanim 52 BERACHOT (BLESSINGS) B-1: Is it Preferable to Start a Meal with Bread? 57 B-2: How Long to Wait After Zimun to Resume Eating 60 B-3: One Who is Uncertain if He Recited Birkat HaMazon 63 xix

20 Living the Halachic Process B-4: Moving to a New Location in the Midst of a Meal 66 B-5: The Beracha on Schnitzel 69 B-6: Factors that Determine the Precedence of Berachot 72 B-7: Beracha Acharona After Ice Cream and Ices 75 B-8: Repeating Tefillat HaDerech During an Ongoing Trip 78 B-9: Beracha at the Place Where One Was Saved in a Car Accident 81 B-10: Reciting HaGomel for a Child Who Was Saved 84 SHABBAT C-1: Use of a Non-Jew on Shabbat 89 C-2: Using a Driver Who Did Not Make Havdala 92 C-3: Making Kiddush for Others Before Accepting Shabbat 95 C-4: When and How to Accept Tosefet Shabbat 98 C-5: Playing Major League Baseball on Shabbat 101 C-6: Use of a Coffee Maker With a Timer on Shabbat 104 C-7: Closing a Door to a Closet Containing Mothballs on Shabbat 107 C-8: Cake after Kiddush at Night 110 C-9: Starting Mincha of Shabbat a Few Minutes Early 113 C-10: Is Raw Food That One Expected to be Cooked Muktzeh? 116 C-11: Using a Utensil to Catch Muktzeh 119 C-12: Workers in the House of One Who Has Accepted Shabbat Early 122 C-13: Are Pets Muktzeh on Shabbat? 125 C-14: Itching Flaky Skin on Shabbat 128 C-15: Cholent Cooking Further on Shabbat 131 C-16: Separating Shemitta Food Before Clearing Plates on Shabbat 134 C-17: Buying on Credit on Shabbat 137 C-18: Is a Phone Carried as a Precaution Muktzeh? 140 xx

21 Eretz hemdah institute MO ADIM (FESTIVALS) D-1: The Timing of Selichot 145 D-2: Blowing Shofar on the Left Side of the Mouth 148 D-3: Causing a Flame to Be Extinguished on Yom Tov 151 D-4: Lighting a Havdala Candle on Yom Tov 154 D-5: One Who Must Eat on Yom Kippur How Careful about the Amount? 157 D-6: Must One Stand Throughout Ne ila? 160 D-7: Havdala after Yom Kippur that Fell on Shabbat 163 D-8: Cutting the Branches of a Neighbor s Tree that Impinge upon a Sukka 166 D-9: The Purpose of the Hechsher for S chach 169 D-10: Drinking Wine on Chol HaMo ed 172 D-11: Where to Light Chanuka Lights Inside or Outside? 175 D-12: Lighting Chanuka Lights on Friday 178 D-13: Missing Parashat Zachor 181 D-14: Reading Megillat Esther from a Scroll 184 D-15: How Thoroughly Should Bedikat Chametz Be Done? 187 D-16: Bedikat Chametz in Shul 190 D-17: How Much Charoset Goes on the Maror? 193 D-18: Eating Shmura Matza All of Pesach 196 D-19: Making Egg Matzot Available to Guests at a Hotel 199 D-20: Forgotten Chametz Found After Pesach 202 D-21: Changing One s Custom Regarding the Days of Sefira 205 D-22: Remodeling Work During the Three Weeks and the Nine Days 208 KASHRUT E-1: Does Tasting a Fleishig Crumb Make One Fleishig? 213 E-2: Using a Knife Sharpener for Milchig and Fleishig Knives 216 xxi

22 Living the Halachic Process E-3: Kashering a Water Kettle that Came in Contact with Cheese 219 E-4: Rinsing After Eating Pareve Food Cooked in Fleishig Pot 222 E-5: What May a Slaughterhouse Do With Non-Kosher Byproducts? 225 E-6: Tovelling Commercial Food-Producing Equipment 228 E-7: Tevillat Keilim When There is an Air Pocket 231 E-8: Hafrashat Challa When Part Was Baked and Part is Dough 234 HOLY ARTICLES F-1: The Propriety of a Traveling Sefer Torah 241 F-2: Placing Books on a Bima 244 F-3: Does an Elevator Require a Mezuza? 247 F-4: A Mezuza at a Jewish-Owned Commercial Establishment 250 F-5: Trying on a Tallit Katan Without Tzitzit 253 F-6: Checking the Tzitzit of a Shul Tallit 256 F-7: Should a Single Man Wear a Tallit? 259 F-8: Is Long Hair a Problem for Tefillin? 262 F-9: One Who Makes the Wrong Beracha on Tefillin Shel Yad 265 MISCELLANEOUS G-1: Does Hosting Count as Giving Tzedaka? 271 G-2: Dealing With the Tensions of a Complex Upbringing 274 G-3: Full Body Scans for Security 278 G-4: Refraining from Sitting in a Parent s Seat 281 G-5: Origin of the Practice of Men Covering Their Heads 284 G-6: The Origins and Nuances of Our Nation s Names 287 G-7: Netilat Yadayim and Hygienic Concerns 290 G-8: Ribbit Discount on Rent for an Apartment for its Buyer 293 G-9: Incomplete Standing for Modim D Rabbanan and to Honor Talmidei Chachamim 296 xxii

23 Eretz hemdah institute G-10: A Beracha on the Mitzva to Write a Sefer Torah 299 G-11: Removing Tattoos Before Conversion 302 FAMILY LAW H-1: Honoring a Request to Bury Outside of Israel 307 H-2: A Mistaken Ketuba at a Wedding 310 H-3: A Chatan Leading Bentching at Sheva Berachot 313 H-4: Drinking Sheva Berachot Wine at Se uda Shlishit 316 MONETARY LAW I-1: Paying for a Cancelled Taxi Order 321 I-2: Is a Watchman Responsible for More Than He Expected? 324 I-3: Reimbursement Through Additional Services 327 I-4: Realtor Fee for an Altered Purchase 330 I-5: Is One Obligated to Enable Someone to Sue Him? 333 I-6: Protecting a Bicycle that Had to be Moved 336 I-7: Discount for a Kashrut Mistake 339 I-8: Stopping Fare-Beaters 342 I-9: Sharing Expenses for a Separating Wall 345 I-10: Using Other People s Religious Articles 348 I-11: Monopolistic Practices and Halacha 351 I-12: Taking a Book Left to the Discretion of a Yeshiva 354 I-13: Questionable Relinquishing of Rights 357 I-14: Partial Pay for an Uncompleted Job 360 I-15: Malpractice for Extracting the Wrong Tooth 363 I-16: Money Found in a House 366 I-17: Damage to an On Approval Sales Item 368 Glossary 371 xxiii

24 Sample Source Sheet from Companion CD Those who are interested in deepening their understanding of the topics or wants to use the book as the basis for a class may find great value in the source sheets we have prepared. They are available for view or downloading on our website, in the section dedicated to Living the Halachic Process. One can also contact us ( ; info@eretzhemdah.org) to order a free CD. A-1 What One Can Do While Waiting to Take Three Steps Back I am often unable to take the three steps back immediately at the end of Shemoneh Esrei because of a slow davener behind me. What may I say Q or do while in this situation? Living the Halachic Process Vol. III

25 Section A Tefilla (Prayer)

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27 A-1 What One Can Do While Waiting to Take Three Steps Back Question: I am often unable to take the three steps back immediately at the end of Shemoneh Esrei because of a slow davener behind me. What may I say or do while in this situation? Answer: First, let us review your assumption that you may not step back. In general, you may not encroach within four amot 1 of the person behind you during the latter s Shemoneh Esrei, even in order to take three steps back. 2 It is important to note that many poskim permit stepping backwards if the person davening is standing at an angle. 3 Many also permit an intrusion for the sake of a mitzva, which could include the ability to continue davening with the minyan. However, even if you cannot take three steps back at the end of Shemoneh Esrei because someone is davening behind you, your participation in the davening need not be significantly impaired, as we will discuss. The gemara 4 identifies two factors that determine whether one has finished Shemoneh Esrei. 5 One factor is whether he has stepped back; the other is whether he usually says tachanunim (additional requests) at the end of Shemoneh Esrei. According to the version of the gemara that we accept, even if one has not yet stepped back, if he does not say tachanunim, then his Shemoneh Esrei is considered finished after completing the final beracha (Sim Shalom). 6 It follows that one who says tachanunim but has completed them is also finished, even before stepping back. 7 This is the situation you describe, and your 1. Approximately six feet. 2. Shulchan Aruch, Orach Chayim 102:5. 3. See Living the Halachic Process, volume I, A Berachot 29b. 5. The gemara there is discussing whether one must repeat the entire Shemoneh Esrei upon realizing at that point that he forgot Ya aleh V Yavo. 6. Shulchan Aruch, Orach Chayim 422:1. 7. See Mishna Berura ad loc. 9. 1

28 Living the Halachic Process question is valid. What can you do and what can you not do at that point, after completing Shemoneh Esrei but before stepping back? The Shulchan Aruch 8 rules that after finishing the last beracha of Shemoneh Esrei, one still may not answer Kedusha until after sa ying, Yiheyu l ratzon... The reason is that Yiheyu l ratzon... completes Shemoneh Esrei, even though the actual berachot of Shemoneh Esrei have already been recited, just as HaShem, sefatai tiftach... opens it. 9 The Rama 10 points out that since Ashkenazim have the practice to say tachanunim (Elokai Netzor) before Yiheyu l ratzon..., they can also answer Kedusha before it. 11 In any case, if one has said Yiheyu l ratzon..., even if he is in the midst of tachanunim and thus has not stepped back, he can say anything that is permitted during Kri at Shema. 12 This includes responding to Barchu and the main parts of Kaddish and Kedusha 13 and, for Ashkenazim, answering amen to HaKel HaKadosh and Shomei ah Tefilla. 14 The reason to refrain from other worthwhile responses is that Elokai Netzor is somewhat connected to Shemoneh Esrei, although it is considered to be on a lower level. 15 The gemara 16 compares taking three steps back after Shemoneh Esrei to taking leave from a king. (Davening Shemoneh Esrei is described as standing before the King. 17) One should certainly feel limited in what he can do before taking leave of the King, even if he has technically finished Shemoneh Esrei and is permitted to respond under certain circumstances. Therefore, one should even skip parts 8. Orach Chayim 122:1. 9. See Berachot 9b. 10. Orach Chayim 122: In practice, some Ashkenazim say Yiheyu l ratzon... both before and after Elokai Netzor. See Taz ad loc Shut HaRashba I: Shulchan Aruch, Orach Chayim 66:3; see Mishna Berura 66: Rama ad loc. 15. Taz, Orach Chayim 122: Yoma 53b. 17. Rashi, Berachot 25a. 2

29 Eretz hemdah institute of Elokai Netzor in order to avoid even responding to Kedusha before stepping back. 18 As we saw above, this does not warrant infringing upon another s four amot. However, the Ma amar Mordechai19 intuits that if one is ready to step back and is prevented from doing so by a technical reason (e.g., someone is davening behind him), the level of standing before the King is reduced. In that case, he argues, one can even answer, Baruch hu u varuch shemo upon hearing HaShem s Name, even though this response is only a minhag. The Mishna Berura 20 and many other Acharonim accept this opinion, with some permitting participation in other parts of tefilla, such as Ashrei and Aleinu, if one cannot step back. The poskim discuss whether the same is true for religiously related utterances that are not directly associated with tefilla. 21 One may certainly read divrei Torah at that time, 22 and he may say the Tehillim he customarily recites at the end of davening, 23 but if possible, he should refrain from other positive speech unrelated to tefilla. 18. Shulchan Aruch, Orach Chayim 122: Ad loc Ad loc See the opinions in Ishei Yisrael 32:(73). 22. In many contexts, reading is not considered the equivalent of recitation. See Aruch HaShulchan, Orach Chayim 68: Ishei Yisrael ibid. 3

30 A-2: How to Carry Out a Shortened Chazarat HaShatz Question: Sometimes a minyan recites what is called heiche kedusha. Usually, the tzibbur recites the silent Shemoneh Esrei and, after its completion, the chazan begins the chazarat hashatz and Kedusha. In the case of heiche kedusha, the chazan says Shemoneh Esrei aloud through Kedusha before the tzibbur has said the silent Shemoneh Esrei. When this is done, should the tzibbur start Shemoneh Esrei along with the chazan and continue after Kedusha is completed or should everyone listen and respond until after Kedusha and only then begin Shemoneh Esrei? Answer: The Shulchan Aruch and Rama discuss starting Shemoneh Esrei along with a chazan in two different contexts. In one case, the tzibbur is davening normally, but a latecomer is ready to start Shemoneh Esrei when chazarat hashatz is about to begin. 1 A second case is one in which, under extenuating circumstances (e.g., the end time for davening is approaching), the tzibbur wants to recite heiche kedusha. 2 (In this context, we will not discuss the question of in which cases, if any, a congregation should choose the heiche kedusha system.) In the former case, regarding a latecomer, the Shulchan Aruch describes the individual as starting to recite Shemoneh Esrei along with the chazan. Rav Ovadia Yosef posits that this is the correct approach both regarding the case of the individual and that of heiche kedusha. 3 Even though one should normally not respond to Kedusha if he is in the midst of his silent Shemoneh Esrei, he may do so in this case because he is reciting Kedusha in its correct place along with the tzibbur. 4 In contrast, the Rama rules that an individual should 1. Orach Chayim 109:2. 2. Rama, Orach Chayim 124:2. 3. See Yalkut Yosef, vol. I, p See Tosafot, Berachot 21b. 4

31 Eretz hemdah institute preferably commence Shemoneh Esrei only after responding to Kedusha and the concluding beracha. However, the Mishna Berura 5 cites significant Ashkenazic opposition to the Rama s view. These poskim say that it is acceptable for an individual to start with the chazan. It may even be preferable to do so, especially during Shacharit; if the latecomer waits to begin his Shemoneh Esrei he will likely end up reciting Kedusha at the problematic juncture of Shira Chadasha... Regarding heiche kedusha, the Rama recommends beginning one s Shemoneh Esrei along with the chazan, as long as at least one person delays starting his Shemoneh Esrei in order to answer amen to the berachot. 6 While this would seem to answer your question, the Rama is referring specifically to a case in which there is insufficient time to daven normally, and some commentaries understand that the situation does not allow the tzibbur enough time to start Shemoneh Esrei after Kedusha. In any other case, they argue, it would be proper for the tzibbur to wait. 7 This answers your question in the opposite direction. Unless it will be impossible to finish Shemoneh Esrei on time, the tzibbur should begin Shemoneh Esrei only after Kedusha. It is unclear why these commentaries conclude that starting along with the chazan is not preferable in the case of heiche kedusha. It is possible that they are concerned that there should be people to answer amen to the berachot. This is more of an issue for a tzibbur than for an individual. 8 Alternatively, the problem may be reciting Kedusha while in the midst of one s Shemoneh Esrei. 9 In fact, there are significant reasons to argue that it is preferable for the tzibbur to start Shemoneh Esrei together with the chazan. The Kaf HaChayim points out that if everyone were to listen to the chazan without davening themselves, it would appear as though he were reciting chazarat hashatz for them. This is problematic, the Kaf : Rama, Orach Chayim 124:2. 7. Mishna Berura 124:8. 8. This is the implication of the Divrei Chamudot, Berachot 4: See a variation of this issue in the Levushei Serad on the Magen Avraham 109:9. 5

32 Living the Halachic Process HaChayim 10 argues, because chazarat hashatz should not be recited before the tzibbur has said the silent Shemoneh Esrei. Rav Hershel Schachter posits that it is appropriate to say Kedusha only in the appointed place within one s Shemoneh Esrei. During chazarat hashatz, it is as if the whole tzibbur is in the midst of Shemoneh Esrei; consequently, Kedusha is in its appointed place. However, in the case of heiche kedusha, in which everyone is reciting his own Shemoneh Esrei, if Kedusha is recited before people have begun Shemoneh Esrei, Kedusha is not in the right place. 11 Rav Schachter reports that Rav Soloveitchik had the practice of beginning Shemoneh Esrei with the chazan in the case of heiche kedusha. Both positions on your question have significant support, and the stakes seem low, as most of the participants in the debate seem to disagree only as to which approach is preferable. Nevertheless, the majority opinion and the more prevalent practice among Ashkenazim is to wait until after Kedusha before starting Shemoneh Esrei during heiche kedusha (at least for Mincha, when heiche kedusha is more common). Those who follow Rav Soloveitchik s rulings should start along with the chazan. 10. Orach Chayim 124: Nefesh HaRav p

33 A-3: Davening Without a Minyan vs. Working Before Davening Question: In the morning, is it better to daven without a minyan before doing any work or to do some work first and daven with a minyan later (at a halachically acceptable time)? Answer: One should not perform any work before davening once alot hashachar (some 72 minutes before sunrise) has passed. 1 Work in this context is not limited to one s employment, but rather includes a wide variety of household tasks of even moderate time duration. The reason for this halacha is that when one gets up in the morning, addressing his Maker should be his first concern. Therefore, there are significant similarities in logic and halachic parameters between this restriction and those of not traveling, eating, or greeting people before davening. 2 Generally, an activity for the purpose of a mitzva is permitted before davening because it is not considered an affront to HaShem. 3 Even then, precautions are sometimes necessary to reduce the concern that one may get carried away and miss davening on time altogether. 4 The initial reaction to your question is that neither option is ideal. It is best to daven with a minyan before working, and everything else must wait. However, in cases of significant need, the pre-davening restrictions may be waived. One classic example is traveling before davening when the travel arrangements will be unavailable after one davens. 5 (Not every trip justifies such steps, 6 but further discussion is beyond the scope of our present discussion.). The Ishei Yisrael 7 1. Berachot 14a; Shulchan Aruch, Orach Chayim 89:3. 2. Berachot op. cit. and 10b; Shulchan Aruch, Orach Chayim 89: Mishna Berura 89:36 and 250:1. 4. See Shulchan Aruch, Orach Chayim 89:6 regarding learning before davening. 5. See Mishna Berura 89: See Mishna Berura 90: :(47). 7

34 Living the Halachic Process says that the circumstances that justify travel before davening also justify work before davening. These extenuating circumstances are also certainly grounds for missing a minyan. 8 Assuming that you will not be able to both daven with a minyan and do so before starting work, your question of which of the two factors should take precedence is a good one. The consensus of the few sources on the matter is that it is better to daven first than to start working and daven with a minyan later. 9 The ruling is readily understandable. Under ordinary circumstances, it is forbidden to work before davening. In contrast, while davening with a minyan is an important element of tefilla and also makes it more effective, 10 it is not forbidden to daven without a minyan. 11 A serious inconvenience is a sufficient reason to miss a minyan, 12 and avoiding the prohibition of working before davening also qualifies. That being said, the case for always davening first, even without a minyan, is not iron-clad. To begin with, the Rama 13 cites and does not entirely reject the opinion that one may do work after reciting Birkot HaShachar. Although we would not normally condone this, when it buys time to allow someone to daven with a minyan, it is not unreasonable. Second, those who have to daven very early in order to avoid working first may have to say Shemoneh Esrei before sunrise, which is permitted only under pressing circumstances. 14 If the minyan alternative has the additional benefit of being at or after sunrise, this might tip the scale in its favor. Finally, if the quality of the davening, from a practical or even psychological perspective, is 8. See Mishna Berura op. cit. 9. Ishei Yisrael 12:13; Rivevot Ephraim I, 66 in the name of Rav Hadaya. 10. Berachot 8a. 11. See also Living the Halachic Process, vol. I, A See Shulchan Aruch, Orach Chayim 90:16, and Mishna Berura 90: Orach Chayim 89: Shulchan Aruch, Orach Chayim 89:8; see Bi ur Halacha to 58:1. 8

35 Eretz hemdah institute enhanced at the minyan, this too is a major factor. 15 Therefore, we suggest that you discuss the different considerations and options with a rabbi who knows you and your situation well. 15. See Mishna Berura 89:39. 9

36 A-4: Forming a Separate Minyan to Accommodate Multiple Mourners Question: I have noticed recently that when there is more than one chiyuv (a mourner or someone who has a yahrtzeit) at our minyan, a second minyan often forms in a side room. Is this desirable or proper? Answer: It is often difficult and unwise to argue with chiyuvim because their demands usually stem from a sincere desire to honor their parents properly. Putting things in perspective, however, helps develop a healthy halachic outlook, which can ease a situation in which a binding ruling is not appropriate. The Rama 1 rules that is proper for sons of a deceased parent to increase his or her merit by reciting Kaddish and acting as chazan during the eleven months after his or her death. However, the mourners do not have an absolute obligation or entitlement to be the chazan. The Shulchan Aruch 2 says that the congregation may choose a person other than the mourner to be the chazan, if it so desires. A mourner s absolute right applies only to the Kaddeishim designated for him. 3 However, the congregation has a mitzva to allow the mourner to be the chazan under normal circumstances (i.e., when he is a fluent chazan and a decent person). Those mourners who are not able to be the chazan were allotted Kaddeishim to aid them in attaining merit for their parents. It is halachically preferable for one mourner alone to recite each Kaddish. To deal with situations of multiple mourners, the Acharonim arrived at detailed rules of kedimut (prioritization). However, over the last few hundred years, in order to prevent quarreling, the minhag to allow multiple people to say Kaddish together has spread almost universally 1. Yoreh Deah 376:4. 2. Orach Chayim 53: Mishna Berura 53:60. 10

37 Eretz hemdah institute among both Sephardim and Ashkenazim. 4 Thus, nowadays, the applicability of the rules of kedimut is limited to the question of whom to choose as chazan. Upon review of the major sources on kedimut, 5 one will not find the suggestion of splitting minyanim. Because the idea has apparently only been implemented relatively recently, the practice is still too recent and limited to have spawned significant literature. The main source that condones it is the Afarkasta D Ania (20th century). 6 The main concern that he addresses in regard to the practice is its impact on the halachic concept of b rov am hadrat melech (the King s honor is enhanced in large gatherings). He demonstrates, however, that this is not an absolute rule and that it can be outweighed by other factors. The Afarkasta D Ania assumes that a mourner has an obligation to be a chazan, even though he does not always have the opportunity, and he thus maintains that this is sufficient grounds for splitting minyanim. 7 We would counter that it is difficult to believe that Chazal created a full-fledged obligation that is so frequently impossible to fulfill due to the mourner s capabilities or the presence of multiple mourners. Furthermore, if it were a compelling obligation, why didn t earlier poskim address the problem? Rather, we believe that the mitzva is to follow the halachic rules, which provide guidelines regarding how to deal with multiple chiyuvim. Following this system, the chiyuvim will be able to recite Kaddeishim and do their fair share of serving as chazan as well. We can identify six possible problems that may result from creating a separate minyan (depending on the case): 1. Lack of adherence to the principle of b rov am, as discussed above; 2. moving people 4. See Gesher HaChayim 30:10: See Ma amar Kaddishin in Bi ur Halacha 132; Gesher HaChayim 30: I: Some have the practice of forming an additional minyan only on Motzaei Shabbat, due to the added need to assist the deceased at this time; see Kitzur Shulchan Aruch 26:1 11

38 Living the Halachic Process from their makom kavu a; 8 3. davening outside of a set shul; 9 4. the possibility that there will not be nine people responding to the parts of the tefilla that require a minyan; 5. the effect on the cohesiveness of the community and its davening; tircha d tzibbura, 11 when it is necessary to wait longer for a minyan in order to begin chazarat hashatz. 12 A combination of these factors may explain why the classical poskim did not propose the solution of splitting a minyan for a mourners benefit. There seem to be two sociological reasons for this recent innovation, developing from the grass roots. One is the shtiebelization of our communities. The tradition of consistently davening in one shul has given way, in many places, to finding the best fit for each circumstance (based on time, speed, location, etc.). Why shouldn t helping a mourner be a reason to ignore the above issues, about which people are lax in any case? The second explanation is that once one chiyuv is seen making his own minyan (and people are afraid of causing hard feelings if they confront him), others feel that their parent deserves no less, thus causing a snowball effect. If the trend becomes more prevalent, trying to prevent its implementation will indeed cause fights (which we do not condone). It is best if those concerned consider that their parents souls will acquire no less merit by having a son who follows the age-old rules of kedimut and preserves the integrity of communal tefilla. Hopefully, this will slow the trend. 8. Shulchan Aruch, Orach Chayim 90: Shulchan Aruch, Orach Chayim 90:9; see also Mishna Berura 90: See Shulchan Aruch, Orach Chayim 124: Inconveniencing the community, especially by delay. 12. See Rama 124:3 and Mishna Berura ad loc

39 A-5: A Brit Mila or Mincha Which Should be Done First? Question: At an afternoon brit mila at which the participants will daven Mincha, which should be done first the brit or Mincha? Answer: We will first explain why this question does not arise in the writings of the classical poskim. A brit mila may be performed throughout the daylight period. However, since the diligent do mitzvot early, 1 it is proper that it take place in the morning, and this has been the widespread minhag for centuries. 2 There is therefore little discussion of mila at Mincha time. Considering why Shacharit precedes a brit may be instructive in attempting to determine whether Mincha should similarly precede a brit. One reason is that tadir kodem (more frequently occurring mitzvot are performed before less frequent ones). 3 This reason would seem to apply to Mincha as well. Alternatively, perhaps the precedence of Shacharit is due to its association with other mitzvot such as Kri at Shema, which is a Torah commandment in addition to being frequent. 4 This reasoning would not apply to Mincha. Other explanations include that we are concerned that if we delay Shacharit, we may not be able to daven by the end of its proper time, and that Shacharit is a morning mitzva, whereas mila is a daylight mitzva. 5 These latter reasons also do not apply to Mincha, the latest time for which is the same as for a brit. Is the factor of tadir sufficient to compel us to daven Mincha 1. Z rizin makdimin l mitzvot (Pesachim 4a). 2. The question of whether it is proper to delay a brit in order to increase the number of participants or for another reason is beyond the scope of the present discussion. See Yabia Omer II, Yoreh Deah Aruch HaShulchan, Yoreh Deah 262:9. 4. See ibid. and Yechaveh Da at III: See Otzar HaBrit 3:5:(5). 13

40 Living the Halachic Process before a brit? In a similar situation, the gemara 6 says that one who had not davened Musaf by Mincha time should daven Mincha first because of tadir. However, Tosafot 7 claims that this is so only when one needs to daven Musaf and Mincha in immediate succession. Otherwise, one should daven Musaf first and daven Mincha later within its time span. According to this, the fact that Mincha is more tadir than a brit would only give it precedence if it is necessary to daven Mincha around the time of the brit. The Shulchan Aruch 8 seems to prefer the opinion that Mincha precedes Musaf even when one could daven Mincha later. But how far do we take the precedence of tadir kodem? Certainly, one who wants to recite Shehecheyanu on a fruit (a non-tadir mitzva) in the afternoon does not have to daven Mincha first! Rather, something must trigger the tadir mitzva to come to mind now. In the gemara s case, the fact that one wants to daven naturally raises the question of which tefilla is appropriate. Similarly, when one wakes up on the day of the brit, both Shacharit and mila are matters he ordinarily wants to take care of as soon as possible. In contrast, Mincha is not something that is normally davened at the earliest opportunity. That being the case, the fact that it is tadir may not give it precedence over the brit. One reason to require Mincha first is the halachic problem of having a big meal, including a brit meal, prior to Mincha because of the concern that one will become distracted and fail to daven Mincha in its proper time. 9 However, that issue may not apply to everyone, perhaps including those who are in a situation in which they will be reminded to daven. 10 Furthermore, there sometimes is a long break between the brit and the festive meal, during which time Mincha can be davened. It appears that different courses of action are called for in different 6. Berachot 28a. 7. Ad loc. 8. Orach Chayim 286:4. 9. Rama, Orach Chayim 232: Rama ad loc.; see Ishei Yisrael 27:(27). 14

41 Eretz hemdah institute cases. When the schedule of the brit, as determined by the principals to the brit, includes Mincha, it makes sense to daven Mincha first because it is tadir, and this is in fact what usually happens. If Mincha is arranged independently by the guests, there should be no halachic question. Neither the mitzva of mila nor the mitzva to take part in the meal (which, as we noted, can generate the obligation to daven Mincha first) are obligations that are incumbent upon guests. Therefore, the guests do not have to decide whether Mincha or mila has precedence. It is a matter of their convenience. Furthermore, there are other factors such as the mohel s schedule, among other matters that may be part of the equation. Thus, no rule or ruling in this regard can be applied definitively across the board. 15

42 A-6: A Wheelchair Bound Chazan Question: Is a person in a wheelchair allowed to be a chazan? Answer: There are two main issues to discuss regarding this question. In discussing the qualifications of a chazan, the Magen Avraham 1 cites the Maharshal, who says that a ba al mum (one who has a physical blemish) is qualified to serve as a chazan. However, based on a passage in the Zohar, the Magen Avraham writes that a ba al mum should not serve as a chazan. He explains this based on the concept that one would not make a presentation before a king in a manner that appears blemished. He also compares this situation to the prohibition on a kohen who is a ba al mum to serve in the Beit HaMikdash. Notably, even a temporary blemish disqualifies the kohen for as long as it exists. 2 As far as accepted halacha is concerned, the Mishna Berura 3 prefers the opinion that a ba al mum may serve as a chazan, but he remarks that some prefer an unblemished chazan if he is equally qualified. 4 An important distinction likely applies. The Binyan Tzion 5 points out that the Shulchan Aruch 6 allows a blind person to be a chazan, even though he is certainly a ba al mum. He says that the Magen Avraham was likely talking about an appointment as a permanent chazan, whereas the Shulchan Aruch was discussing having a blind man daven occasionally. (This distinction between permanent and occasional chazan runs through a large part of the laws of a chazan.) Another relevant issue in the present case is the requirement to stand during significant sections of tefilla, including, most 1. 53:8. 2. Rambam, Bi at HaMikdash 6: : See also Ishei Yisrael 14: Orach Chayim 53:14. 16

43 Eretz hemdah institute prominently, Shemoneh Esrei 7 something a wheelchair bound chazan cannot do. On the other hand, one who has difficulty standing at the moment may daven while seated. 8 This leniency can be understood in two different ways. Perhaps davening seated is not an ideal manner of tefilla, but it is better than not davening at all. Alternatively, since we stand during davening in order to act in a manner that shows and/or contributes to our awe while praying before HaShem, 9 sitting is not a problem at all when it is the maximum one is capable of. 10 According to the latter understanding, it follows that since the wheelchair bound chazan is doing his best, there is no problem for the congregation, even though it could have found a chazan who can stand. 11 The Rambam 12 says that one may read Megillat Esther seated, but he should not do so when reading for the public because it deserves honor (kavod hatzibbur). Similarly, Rav Ezra Batzri 13 rules that in our case, the congregation has the right to say that it is beneath its dignity to have a chazan who is unable to stand, as is normal and preferred. However, he says that taking such an approach with regard to a person for whom others should feel compassion, as HaShem does, would be a sin. Let us now translate the halachic indications into general instructions. If one has been injured and will be in a wheelchair for a matter of weeks or months, he and the gabbaim would probably do well to wait until he recuperates to return him into the rotation of chazanim. The preferences we have seen above and the regrettable possibility that people may stare or comment negatively make a postponement prudent. On the other hand, if a yahrtzeit or a situation of aveilut arises, he should not be excluded, since Halacha allows him to serve 7. Shulchan Aruch, Orach Chayim 94:4. 8. Ibid. 9. See Taz, Orach Chayim 94: Rav Ezra Batzri, Techumin, vol. IV, pg Ibid. 12. Megilla 2: Op. cit. 17

44 Living the Halachic Process as chazan. Physical challenges, such as getting a sefer Torah to and from the bima, can be easily overcome. If one is permanently (or for an extended period) in need of a wheelchair, he should be included in as many normal activities as are physically and halachically possible. He should be allowed to be the chazan under these circumstances, certainly when he is not a full-time chazan If he was previously appointed as chazan, he can continue (see Ishei Yisrael op. cit). 18

45 A-7: What a Woman Should Do If She Missed Mincha Question: I (a woman) try to daven Shacharit and Mincha, but not Ma ariv, every day. Not infrequently, I forget to daven Mincha. When that happens, am I supposed to daven Ma ariv that night, and if so, once or twice? Answer: One factor that your question depends upon is whether women are obligated to daven Mincha. The Rambam 1 says that women are obligated by Torah law to daven daily. However, the Torah law is fulfilled by any request made during the day, and the Rabbinic decree that one daven set prayers twice or three times a day 2 is time-based. Women, who are not obligated in time-bound commandments, may therefore not be obligated in the formal structure of Shacharit and Mincha. Many women follow this approach and suffice with a short prayer/request daily. 3 In contrast to the view of the Rambam, the Ramban 4 maintains that tefilla is entirely a Rabbinic obligation. Because of its importance as a means of requesting mercy from HaShem, the Rabbis obligated women as well. Accordingly, women are obligated in at least the essentials of Shacharit and Mincha, just like men. The Mishna Berura 5 prefers the Ramban s opinion. One major difference between the obligations of men and women concerns Ma ariv, which is essentially a voluntary tefilla. 6 While men accepted it upon themselves as an obligation, women did not. 7 Another difference is that women who are especially busy, in particular 1. Tefilla 1:2. 2. See below. 3. Magen Avraham 106:2. 4. Comments on Sefer HaMitzvot L HaRambam, Aseh :4. 6. Berachot 27b. 7. Mishna Berura, ibid. 19

46 Living the Halachic Process those responsible for the unpredictable needs of small children, may be exempt from Shacharit and Mincha, either by relying on the lenient opinion of making a short prayer/request or because their involvement with the children exempts them. 8 You categorize yourself as one who davens Shacharit and Mincha but not Ma ariv, and thus your situation is as follows. If you are obligated in Mincha to the same degree as a man, you should daven tashlumin (a make-up prayer) for your missed Mincha, just as a man would. However, tashlumin was instituted to be recited after the next established tefilla (in your case, Ma ariv). In fact, if one does something that shows that the first tefilla he recited was the make-up, preceding the set tefilla, he does not fulfill tashlumin. 9 Thus, if you do not daven Ma ariv, you will not be able to daven tashlumin; you cannot wait until Shacharit, as tashlumin must be done at the next tefilla period. 10 (One could raise the argument that for a woman, Shacharit is the next tefilla after Mincha, but Rav S. Z. Auerbach rejects that logic.) Even if you are not obligated in Ma ariv, if you choose to daven it, you can then do tashlumin. 11 However, it is unclear whether you are required to go so far as to daven Ma ariv in order to make tashlumin possible. 12 A claim might be advanced that one Shemoneh Esrei at the time of Ma ariv is sufficient, as a woman is obligated in one tefilla other than Shacharit. Usually, the second tefilla is Mincha, but if a woman davens Ma ariv voluntarily, she has recited the correct number of tefillot. However, this reasoning is flawed because she was supposed to daven Mincha, and when she missed it, she is expected to daven tashlumin. A normal Ma ariv fulfills neither Mincha nor its tashlumin. In fact, if you were to daven Ma ariv, you would be required to daven the tashlumin for Mincha. 13 Thus, while it is questionable 8. See Ishei Yisrael 7:7. 9. Shulchan Aruch, Orach Chayim 108: Shemirat Shabbat K Hilchata 43:(110) in the name of Rav S.Z. Auerbach. 11. See Mishna Berura 263: Shemirat Shabbat K Hilchata op. cit. 13. See Ishei Yisrael 36:(15). 20