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Parshas Bo Halacha Article

Rav Avi Zakutinsky
Parshas Bo

הַחֹ֧דֶשׁ הַזֶּ֛ה לָכֶ֖ם רֹ֣אשׁ חֳדָשִׁ֑ים רִאשׁ֥וֹן הוּא֙ לָכֶ֔ם לְחָדְשֵׁ֖י הַשָּׁנָֽה
“This month shall be to you the head of the months; to you it shall be the first of the months of the year.” (12:2)

                                   Using Secular Dates In Halacha

1) Secular Months- There is a debate regarding the best way to identify the secular months when writing invitations, documents etc.. Harav Ovadia Yosef zt”l (Yabia Omer 3 YD 9) cites the Ramban (on the above verse) who stresses the importance of counting months according to the Jewish calendar. When the Torah says that Nissan is the first month of the year, it is implying that one may not consider any other month to be the “first.” Therefore, Harav Ovadia concludes, when writing the secular months one should not refer to them by number, but by name. For example, one should write January, 12, 2016 and not 1/12/2016.25 A similar ruling is expressed by Harav Shlomo Zalman Aurbach zt”l. (Shalmei Simcha page 687)
2) The Tzitz Eliezer (8:8) disagrees with the ruling of Harav Ovadia Yosef zt”l. He writes that because the months are named after gentile gods, one may not mention the months by name, but should instead refer to them by number.
3) Harav Hershel Schachter shlit”a, Rosh Yeshiva of Yeshivas Rabbeinu Yitzchak Elchonon, in a letter addressed to the author, writes that he feels that it is preferable to write the name of the month than to reference it by number. Harav Noach Isaac Oelbaum shlit”a, in a letter addressed to the author, explains that it is difficult to advance a clear hallachic ruling. However, he personally adheres to the view of Harav Ovadia Yosef zt”l and refers to the secular months by name and not by number.
4) Secular Years- 1. The poskim stress the importance of using the Jewish calendar for calculating years (ex. 5774), as apposed to using the Gregorian calendar (ex. 2014). The Chasam Sofer (Drashos Chasam Sofer 7 Av year 5570) writes that by counting our years back from the creation of the world we are reminding ourselves of our Creator and of our divine rights to Eretz Yisroel.
5) It is generally assumed that the calendar system currently in use dates back to the birth of Yeshu Hanotzri. Therefore using this calendar system may not be hallachically permitted. The Maharam Shick strongly objected to using secular dates on tombstones. He explains that the Torah says (Shemos 23:13) that we may not mention the names of other gods. The Gemara (Sanhedrin 63b) understands this prohibition to include one who tells his friend to meet him near a particular avodah zara.
6) The Maharam Shick (Yoreh Deah 171), in turn, extends this prohibition to any action that would cause people to think about avodah zara, even without mentioning it by name. Therefore, he argues, since the secular calendar year is counted from the birth of Yeshu, it is biblically prohibited to use the secular calendar year. A similar stringent ruling is expressed by other poskim (see Sefer Get Pashut 127:30, Hillel Omer Yoreh Deah 62, Yayin Hatom Orach Chaim 8,Beer Moshe 8:18).
7) Harav Ovadia Yosef zt”l (Yabia Omer Yoreh Deah 3:9), however, proves that there exists a very strong possibility that the secular dates do not correspond at all to the birth of Yeshu Hanotzri. He argues that if the dates have nothing to do with the birth of Yeshu Hanotzri, there would be no hallachic issue with the secular date.
8) Some object to this leniency on the grounds that as long as people think the date relates to avodah zara, they will be reminded of the avodah zara, and one will then violate a Torah prohibition by bringing the avodah zara to people’s attention (Beer Moshe ibid. This is also the view of Harav Nosson Gestetner zt”l printed in Tzitz Eliezer 9:14).
9) The Tzitz Eliezer addresses this objection and explains that if the date really has no relevance to the avodah zara, and people only mistakenly equate the two, there would be no prohibition in using the secular date. One is not responsible for the thoughts of others and as long as he does not mention the avodah zara, or something related to the avodah zara, he has not transgressed any prohibition. In addition, most people are not reminded of Yeshu Hanotzri when told the date. Therefore, he rules leniently and allows others to use the secular date.
10) The Sefer Yereim(75) writes that, “There is no prohibition (of mentioning avodah zara) except when the name is given as a divine name that suggests divinity. But if it is a secular name, then even if this being is treated as a god, since the name does not suggest lordship or divinity, and it also was not given in that context, then it is permitted. For the Torah says, ‘The name of other gods you shall not mention’ – the verse is only concerned with divine names.” According to the Yereim one would be permitted to utter the name of Yeshu outright, and therefore there should be no prohibition of reminding others of his name, so long as one does not reference any “godly characteristics” of Yeshu. (Harav Azriel Hidsheimer zt”l (Yoreh Deah 180) writes, that even if the position of the Yereim is granted, this would certainly not extend to the second part of Yeshu’s title [beginning with the letter “c”], which definitely suggests a “divine status.”)
11) Harav Ovadia Yosef zt”l continues to cite that many achronim, including the Shach, Chasam Sofer, and Maharm Padwa, have dated letters using the secular dates.
Harav Ovadia Yosef zt”l and Harav Eliezer Yehuda Waldenberg zt”l both conclude that when necessary, it is permissible to use the secular date. When possible, however, one should try to use the Jewish year. Furthermore, it would seem that one who uses both the Jewish and Gregorian years next to each other is clearly indicating that the Jewish date is meaningful to him, and that he is only using the secular dates for practical reasons.

Rav Avi Zakutinsky
Parshas Bo

וּבַיּ֤וֹם הָֽרִאשׁוֹן֙ מִקְרָא־קֹ֔דֶשׁ וּבַיּוֹם֙ הַשְּׁבִיעִ֔י מִקְרָא־קֹ֖דֶשׁ יִֽהְיֶ֣ה לָכֶ֑ם כָּל־מְלָאכָה֙ לֹא־יֵֽעָשֶׂ֣ה בָהֶ֔ם אַ֚ךְ אֲשֶׁ֣ר יֵֽאָכֵ֣ל לְכָל־נֶ֔פֶשׁ ה֥וּא לְבַדּ֖וֹ יֵֽעָשֶׂ֥ה לָכֶֽם
“And on the first day there shall be a holy convocation, and on the seventh day you shall have a holy convocation; no work may be performed on them, but what is eaten by any soul that alone may be performed for you..” (12:16)
Rashi- No work may be performed on them: even through others (non-Jews).

                                                        Amirah L’Akum
(Assorted Halachos)

1) There is a rabbinic prohibition for a Jew to instruct a non-Jew to perform on his behalf any activities that are prohibited on Shabbos.
2) There are 3 reasons given for this prohibition: A) The Rambam (Shabbos 6:1) writes that it is prohibited so that Shabbos will not be taken lightly. [Parenthetically, this is the very reason that Rav Moshe Feinstein zt”l was against using electrical items with Shabbos clocks, as it is included in the prohibition of the Rambam.] B) It is included in the prohibition of “V’Daber Davar”, forbidden speech on Shabbos. C) The non-Jew is your messenger to do a prohibition.
3) In addition to the prohibition to command a non-Jew to perform prohibited activities on Shabbos, it is also prohibited to benefit from the non-Jew’s action. Therefore, if a non-Jew “knows” to turn on the light for you or turn on the fire etc. without being told, one still cannot benefit from those activities (one cannot read by the light or stay warm by the fire etc.) Even though he didn’t command the non-Jew, he cannot benefit from the actions.
Leniencies in cases of Torah prohibitions (Part 1)
Under certain circumstances, it is permissible to tell a non-Jew to perform even a biblical prohibition:
4) Bein Hashmashos– Bein Hashmashos is the time between sunset and nightfall. During Bein Hashmashos on Friday night one can be lenient to ask a non-Jew to perform any activity, even biblical in nature, for any one of the following reasons- A) For the sake of a mitzvah, B) Shabbos needs (oneg shabbos), C)Avoiding substantial financial loss, D) Avoiding significant distress.
5) Rav Moshe Feinstein zt”l discusses the specific amount of time one can ask a non-Jew during Bein Hashmashos and he concludes that for this discussion one can be lenient to ask the non-Jew (as per the needs above) during the 30 minute period after sunset. The leniency of Amirah L’Akum would no longer apply after 30 minutes. (Refer to Igros Moshe O.C. 4:62 and 4:64 40)
6) Some examples of the above halacha is- One can tell a non-Jew to turn on an electric stove during Bein Hashmashos in order to warm the food. (Oneg Shabbos) One can ask a non-Jew to lock one’s place of business and activate an alarm system during Bein Hashmashos if one forgot to do so. (Avoiding substantial loss) (Refer to Orchos Shabbos vol. 2 page 503 and The Sanctity of Shabbos pgs. 40-45)
7) Pesik Reisha– Pesik Reisha describes a permissible action which will inevitably result in the performance of a prohibited melacha on Shabbos. An example is opening a fridge on Shabbos when the light will go on. The desired action is to open the fridge (permissible action), however, this will inevitably cause the forbidden act of turning the light on. On Shabbos performing a Pesik Reisha is forbidden. Therefore, in the above case one cannot open the fridge on Shabbos if the light will go on.
Yet, it is permitted to tell a non-Jew to perform the permissible act even though it will result in a melacha being performed by a pesik reisha. (Magen Avraham 253:41)
8) Therefore, if something necessary for Shabbos was left in the car, one may ask a non-Jew to open the car door even though a light will inevitably go on. Similarly, one may ask a non-Jew to open the fridge, even though the light will go on. (Igros Moshe 2:68) [The non-Jew may also be asked to close the fridge because that too is a pesik reisha. If food which is essential for the Shabbos meals remain in the fridge after it is closed, the non-Jew may be asked to first uncsrew the bulb if: A) There will not be a non-Jew available to open the fridge door at a later time, and B) there is no other way to preserve the food. (Sanctity of Shabbos page 49)]
9) Public Mitzvah– If a group of people cannot perform a mitzvah a non-Jew can be asked to do even a biblical prohibition in order to facilitate the performance of the mitzvah. (M.B. 276:25 and Sanctity of Shabbos page 57)
Therefor, if the lights (even incandescent) went out in the shul and the congregants are unable to daven on learn, a non-Jew may be asked to turn the lights on.
10) Similarly, it is permissible to tell a non-Jew to do a biblical prohibition if it will save many people from sinning. Therefore, if a public eiruv broke, and many people are unaware of this and they will continue carrying, a non-Jew may be asked to repair the eiruv, even if it involves a biblical act of repairing.
11) Choleh She’ein Bo Sakana– It is permitted to ask a non-Jew to perform any action on Shabbos to cure or to ease the pain of a choleh she’ein bo sakana, an incapacitated person. (M.B. 328:47)
12) An incapacitated person is a person who is feeling so unwell that he or she would go to bed if that would help (e.g. someone with a severe cold or flu). Similarly, when an illness causes a person so much pain that he cannot function normally, that person is considered to be incapacitated. (Shulchan Shlomo 328:23)
13) Therefore, one may ask a non-Jew to drive to a drug store and buy the patient medicine; to turn on a light; to turn on the heat or the air conditioner. One may also tell a non-Jew to adjust an electric hospital bed for a sick person.
[It should be noted that if it is possible to achieve the objective treatment without asking a non-Jew, then we must do that. (Beis Yosef 330:4) Therefore, if the medication can be obtained without having a non-Jew drive to the store, one must obtain it in a permissible way.]
14) Adults must be ill to be categorized as cholim shein bahem sakana. However, children, in general, are treated as cholim shein bahem sakana even when they are healthy. Therefore, if a child has a need, that if left unfulfilled, may lead to any sickness, one may tell a non-Jew to do a biblical prohibition. (Rama 328:17) For example, if an infant will only eat a certain baby food which was not prepared before Shabbos, one may tell a non-Jew to prepare and cook that food. Similarly, a child who experiences fear of the dark is considered a choleh. Therefore, if the fuse in the house blew and the lights are off, one may ask a non-Jew to repair the fuse on Shabbos. (Sanctity of Shabbos page 53)
15) The poskim debate what age is a child still considered a choleh and has the heterim described above. According, to Harav Shlomo Zalman Auerbach zt’l, Harav Elyashiv zt”l and Harav Wosner zt”l all maintain that until the age of 3 the child is treated as a choleh. The Tzitz Eliezer extends it to 6, the Minchas Yitzchak 9 and Harav Ben Tzion Abba Shaul zt”l permits it until the child is bar or bat mitzvah. Harav Oelbaum shlit”a (Minchas Chein vol. 1 page 51) discusses this issue and after compiling all of the opinions he concludes: “All agree that a child under 3 can be considered a choleh shein bo sakana. A child more than 9 years old cannot generally be considered a choleh, according to most opinions. For children aged between 3 through 9, it is dependent on the relative strength or weakness of the child. If he is relatively weak, he may be treated as a choleh shein bo sakana, if he is relatively strong, he should not be included in this category.”
16) Question: If my house is cold can I ask a non-Jew to turn on the heat? Does it make a difference if there are elderly or children in the house?
Answer: Turning on the heat on Shabbos is a biblical prohibition. Therefore, to ask a non-Jew should only be permitted in the case of a ill person (choleh shein bo sakana) as was discussed in the previous emails. However, the poskim have determined that people who live in a house that is not adequately heated are likely to become ill. Therefore, people lacking adequate heat are treated as a choleh shein bo sakana.
17) Thus, it is permitted to tell a non-Jew to turn on the heat in a house that is very cold. (S.A. 276:5) [If the house is adequately heated for the average adult, then one would not be able to ask a non-Jew to turn on the heat. The Aruch Hashulchan does point out that it is very difficult to determine what is considered adequately heated and what is considered very cold in halacha.] Even if the house was warm enough for the average adult but there are children or elderly people present, who require additional heat, it is permissible to tell a non-Jew to turn on the heat. (Sanctity of Shabbos page 52)
18) Question: Over the last few halachos you mentioned numerous heterim to allow one to ask a non-Jew to perform even biblical prohibitions (such as pesik reisha, public mitzvah, cholim etc.). Is one allowed to outright ask the non-Jew to perform the prohibition or must one hint it to him? What is the whole inyan of hinting in general?
Answer: In short, one need not hint to the non-Jew in all those cases. When it is permitted to ask a non-Jew (such as pesik reisha, public mitzvah, cholim etc.), it is permitted to do so outright.
The whole concept of hinting is only in a very specific case, as we shall discuss below. The reason is as follows: There are 2 issues with AmirahL’Akum- 1- The prohibition to command the non-Jew and 2- benefiting from his actions. Therefore, even if one hints for a non-Jew to perform a prohibited activity (which removes the 1st issue), it is still prohibited to benefit from his actions (2nd issue). In the previous halachos one is permitted to ask and benefit from the activities of the non-Jew.
When then does hinting apply? Hinting only applies when one is not directly benefiting from a non-Jew. The poskim describe 2 instances where one does not benefit from his actions (and when hinting would be effective). A) Indirect Benefit- Indirect benefit is where the actions of the non-Jew merely removes an obstacle rather than giving direct benefit. For example, putting out a light in the bedroom does not directly enable a person to sleep. It merely removes the obstacle of light. Therefore, one may hint to a non-Jew to turn off a light in the room. B) Additional Benefit- Addition benefit is where the melacha only makes it easier to do something which was possible even without his actions. For example, additional lights in an already lit room. Therefore, one may hint to the non-Jew to turn on a light in an already lit (albeit dimly lit) room.
In these 2 instances there is no prohibited command (1st issue), since one is hinting and there is no issue of benefiting from the non-Jew (2nd issue) as there is no benefit from his actions in this case. In all other cases hinting is not effective and not relevant.
19) Question: If I need to overnight a package for work on Friday am I allowed to do so or is it Amirah L’Akum since I am asking the UPS workers to work for me on Shabbos.
Answer: Sending a package express overnight on Friday is a problem in general do to the issues of Amirah L’Akum. However, in case of great need and financial loss one can be lenient to overnight the package. A rabbi should always be consulted to determine if this case is considered “a great need” and warrants a lenient ruling.
The reason for the lenient view is that the poskim debate whether one may ask a non-Jew to ask another non-Jew on shabbos to perform an activity for the Jew. This is called “Amirah L’Amirah“. The Chavos Yair 53 rules that one may tell a non-Jew to tell another non-Jew to perform a melacha on Shabbos. However, the Avodas Hagirshuni rules stringently on the matter. The Mishnah Berurah 307:24 cites both views and rules that one may rule leniently in case of great financial loss. Overnighting a package is indeed a case of Amirah L’Amirah because the Jew does not directly commission the non-Jew who will deliver the package. The Jew merely interacts with a clerk in the UPS store who in turn tells the other non-Jew to deliver the package.
Yet, this case is a little bit better than the case of the Mishnah Berurah since the command is happening during the week. The Chasam Sofer 60 rules that Amirah L’Amirah is allowed if the command happens before Shabbos. The whole debate is whether one may tell a non-Jew to tell another non-Jew on Shabbos, however, before Shabbos is more lenient. (See Biur Halacha 307 for a dissenting view) Based upon the above reasoning one may be lenient only in a case of great need.

Parshas Vaeira Halacha Article

                                                    R’ Avi Zakutinsky        

 

                                                        Parshas Vaera

אַתָּ֣ה תְדַבֵּ֔ר אֵ֖ת כָּל־אֲשֶׁ֣ר אֲצַוֶּ֑ךָּ וְאַֽהֲרֹ֤ן אָחִ֨יךָ֙ יְדַבֵּ֣ר אֶל־פַּרְעֹ֔ה וְשִׁלַּ֥ח אֶת־בְּנֵֽי־יִשְׂרָאֵ֖ל מֵֽאַרְצֽוֹ

“You shall speak all that I command you, and Aaron, your brother, shall speak to Pharaoh, that he let the children of Israel out of his land.”

 

Moshiach in Halacha

 

            In this week’s parsha we are told of Moshe Rabbeinu beginning the redemption of Klal Yisroel from Egypt. Moshe Rabbeinu was the first redeemer of the Jewish People [the verse Breishis 49:10 calls Moshiach “Shilos” which is the same numerical value of the word “Moshe”] and we anxiously await the arrival of Moshiach (may he come speedily) to complete the job of Moshe and redeem us from Galus. In this article we will discuss some of the laws related to Moshiach and hopefully merely learning some of the laws related to Moshiach will hasten his arrival, Amen.

 

Belief in Moshiach

  • The Rambam (Melachim 11:1) writes: “Anyone who does not believe in him or does not await his coming, denies not only the statements of the other prophets, but those of the Torah and Moses, our teacher. The Torah testified to his coming, as Deuteronomy 30:3-5 states: ‘God will bring back your captivity and have mercy upon you. He will again gather you from among the nations… Even if your Diaspora is at the ends of the heavens, God will gather you up from there… and bring you to the land….’These explicit words of the Torah include all the statements made by all the prophets.”
  • It is therefore clear from the words of the Rambam that one must believe in the arrival of Moshiach and that one that doesn’t believe in Moshiach is a kofer. He similarly rules in the laws of Teshuva (3:6) that one who denies the coming of Moshiach has no share in the World To Come. As we say every day in the Ani Maamins (12): “I believe in complete faith in the coming of Moshiach, and even though he may delay, nevertheless I anticipate every day that he will come.”
  • It is also clearly evident that it is not enough to believe in Moshiach, rather, one must anxiously await his arrival and that one that doesn’t await his arrival is also a kofer.
  • The Rambam (Parah Adumah 3:4) writes: “Nine red heifers (para adumah) were offered from the time that they were commanded to fulfill this mitzvah until the time when the Temple was destroyed a second time. The first was brought by Moshe our teacher. The second was brought by Ezra. Seven others were offered until the destruction of the Second Temple. And the tenth will be brought by the king Mashiach; may he speedily be revealed. Amen, so may it be G-d’s will.” The Lubavitcher Rebbe zt”l (Hisvadios 5746 page 535) notes that the ending of this Rambam seems a bit peculiar, since the Rambam is a halacha sefer. Why then does he end this halacha with the statement “May he speedily be revealed. Amen, so may it be G-d’s will”? The Rebbe zt”l explains that the Rambam is teaching us a halacha that one must await the arrival of Moshiach and therefore at the mere mention of his name one must add a prayer that he come speedily in our days.
  • It should be added that merely awaiting the coming of Moshiach hastens his arrival. (Medrash Yalkut Shimoni Eicha 5 and Chida Midbar Kideimos Kevui)

 

Moshiach Will not know that he is Moshiach-

  • There is an interesting teaching of the Chasam Sofer (Teshuvos 6:96). The Chasam Sofer explains that Moshiach will not know that he is Moshiach until Hashem reveals Himself to him and informs him that he will redeem the Jewish people. He likens this to the revelation of Hashem to Moshe Rabbeinu. Moshe was eighty years old and still did not know that he would redeem the Jewish people. Even more so, he refused to believe it when Hashem informed him of his fate. So too Moshiach will not know that he is Moshiach until the revelation from Hashem.

 

Building The Beis Hamikdash-

  • There is a classic difference of opinions between our rabbis regarding the construction of the Third Beit Hamikdash. According to some the Beis Hamikdash will be built by man, more specifically Moshiach, while others believe it will be built by Hashem Himself.
  • The Rambam (Melachim 11:1) writes: “In the future, the Messianic king will arise and renew the Davidic dynasty, restoring it to its initial sovereignty. He will build the Temple and gather the dispersed of Israel.” Rambam clearly states that the Beis Hamikdash will be built by man—more specifically, by Moshiach. Indeed, its construction will be one of the signs of Moshiach’s advent. Rambam’s view appears to be based on the Jerusalem Talmud, Megillah 1:11 and Pesachim 9:1; Vayikra Rabbah 9:6; and Bamidbar Rabbah 13:2.
  • Rashi (Rosh Hashana 30a), by contrast, explains that the Beis Hamikdash has already been constructed by G-d and exists in the heavenly realms, waiting for the time when it will descend to the earth. For the Third Beis Hamikdash will be “the Sanctuary of G-d, established by Your hands.” When the setting within the world is appropriate, this heavenly structure will descend and become an actual reality within our material world. Rashi’s view has its source in the Midrash Tanchuma, Pekudei 11; Zohar 1:28a; and other texts.
  • There is a possibility to explain that there is no disagreement between Rashi and the Rambam and that they are explaining two different Messainic situations. The Gemara in Sanhedrin(98a) writes the following: “Rav Yehoshua Ben Levi noted a contradiction. On the one hand it is written ‘in it’s time’ (be’ita), which implies that the redemption will occur in its preordained time. But on the other hand it is written ‘I will hasten it’ (achishena) which implies that God will bring the redemption before its preordained time. Rav Yehoshua Ben Levi resolved the contradiction as follows- If the Jews are deserving, I will hasten it. If they are not deserving, the redemption will occur in its time.” In the present context as well, it can be explained that the if the redemption occurs before its preordained time, the Beis Hamikdash will be built miraculously by Hashem. If, however, the redemption comes in its preordained time, the Beis Hamikdash will be built by Moshiach with the help of the Jewish people. (Maharam Shick Y.D. 253. Refer to Tiferes Yisroel Middos, Aruch Lener Sukkah 41a for alternative methods as to avoid an argument between Rashi and the Rambam.)
  • May we witness the actual resolution of this issue in the immediate future, with the coming of the Redemption and the rebuilding—or the descent—of the Beis Hamikdash. “And then, the offering of Judah and Jerusalem will be pleasing to G-d, as in the days of old and as in bygone years.”
    Parshas Vaera

 

וּמשֶׁה֙ בֶּן־שְׁמֹנִ֣ים שָׁנָ֔ה וְאַ֣הֲרֹ֔ן בֶּן־שָׁל֥שׁ וּשְׁמֹנִ֖ים שָׁנָ֑ה בְּדַבְּרָ֖ם אֶל־פַּרְעֹֽה

“And Moshe was eighty years old, and Aaron was eighty three years old when they spoke to Pharaoh.” (Vaera 7:7)

 

The Bracha Upon Seeing Royalty

 

1) The Gemara (Brachos 58a) tells us that one should make an effort to see kings “and not only Jewish kings, but even gentile kings, because if he will merit, he will be able to distinguish between Jewish and non-Jewish kings”. Rashi explains that this refers to those who will see the coming ofMoshiach. They will appreciate how much greater the honor given to theMelechHa’Moshiach is than the honor given by the various nations to their leaders in this world. The Gemara adds that additionally there is an obligation to recite a special bracha when seeing a king. As was codified by the Shulchan Aruch (Orach Chaim 224:8), when one sees a Jewish king, he should say “Baruch…she’cholok mikvodo li’yireiav” and if he sees a non-Jewish king he should recite the blessing “Baruch…she’noson mikvodo l’basar v’dam”.

2) Rav Chaim Palag’i zt”l (cited by the Sefer Shearim Metzuyanim B’Halacha vol. 1. 60:6) rules that one is required to recite the bracha upon seeing a king even if he is known to be an evil tyrant. He explains that this blessing is not meant as a symbol of honor or respect towards the king. Rather, the rationale for this blessing is in order to appreciate how much honor is shown to kings now, so that we will be able to appreciate how much more honor will be given to the Melech Ha’moshiach.

3) The term “king” employed by the gemara is somewhat vague. In fact, nowhere in the gemara or in its major commentaries are we told what kind of authority one must have in order to warrant a bracha. The Radvaz (cited by Magen Avraham and Mishna Berurah) explains that the bracha need not be said over a king exclusively, but rather, any official or leader who is able to execute and exercise capital punishment is deemed to have requisite power to warrant a bracha. This ruling of the Radvaz is particularly essential when evaluating whether a blessing should be said over the President of the United States, as is discussed at length by the modern day Poskim. There are primarily two views on this subject:

4) Bracha Is Recited– Rav Wosner zt”l (Shevet Halevi 1:35) reasons that the ruling of the Radvaz is only necessary regarding a governor or officer who are not the most honored and revered in their land (as they don’t hold the highest position). A person like this needs the ability to execute criminals to have the power to require a blessing. The President or king, however, who are shown the most honor require a blessing regardless of their abilities and duties.[This author was told from reliable sources that Rav Zelig Epstein Zt”l indeed recited a bracha upon    meeting President Clinton.]

5) Bracha Without The Name of Hashem– Since the President is unable to execute prisoners at will, he should not warrant a blessing. This is the opinion of Rav Moshe Stern zt”l. In his Sefer Beer Moshe 2:9, he advises that one recite the blessing while omitting the name of Hashem.

Rabbi Ovadia Yosef zt”l cites a number of authorities who rule that one does not recite a beracha when he sees a king wearing normal clothing, and without the accompaniment of an entourage. These authorities reason that the blessing is recited on the “honor” granted the king. If the king is not currently displaying that honor there is no need for a beracha. Rabbi Yosef himself is unsure whether or not these authorities should be relied upon and therefore rules to recite the beracha without uttering the name of God. Therefore, since presidents do not wear “the garb of kings” one does not recite the name of Hashem.

Rav Moshe Shternbuch Shlit”a (Teshuvos V’Hanhagos 2:139) explains that since the criteria for this blessing is that they must be shown the honor reserved for royalty, one would not make a bracha on a president because, although he holds the highest position in the land, he only holds it for four years. He may be impeached at any time, and his approval is not necessary for all laws to be passed. For this very reason, Rav Shternbuch rules that a bracha should be recited upon seeing the monarch in modern day England.

Rav Asher Weiss shlit”a maintains that the bracha is not recited today on any monarch. Most leaders do not have the power necessary to warrant a bracha. Even those tyrants that have the power to kill at will do not warrant a bracha, in his view, since they do not judge properly with tzedek. Only a king that judges fairly and still has power would require a bracha.

6) The poskim rule that one does not make a bracha upon seeing a king or president on the television; see Shut B’tzel Hachochmo 2:19, Beer Moshe 2:9, Yechava Daas 2:28.

7) Rabbi Moshe Stern zt”l and his brother Rav Bezalel Stern zt”l (Be’er Moshe 2:9:4 and B’tzel Hachochmo 2:19) both explain that one need not actually see the king himself in order to make the beracha. It is sufficient to see the entourage parading the monarch through the streets.

 

 

R’ Avi Zakutinsky sends out a daily email containing 2 halachos. To subscribe to that daily email, free of charge, please email avizakutinsky@gmail.com and ask to be signed up. Thank you

Parshas Shemos Halacha Article

                                                                       Parshas Shemos
ואלה שמות בני ישראל הבאים מצרימה את יעקב איש וביתו באו- שמות א:א
“And these are the names of the sons of Israel who came to Egypt; with Jacob, each man and his household came.”
                                                                      Naming The Baby
                                                                    (Assorted Halachos)
         Our sages stress that the name of a person can affect his actions for the good or  G-d forbid for the worse, (refer to Medrash Haazinu 7, Gemara Brachos 7b and Yoma 83b) [clearly one is able to overcome a bad name and cannot rely on a virtuous name alone, rather, one must strive to act in the most righteous way possible by doing mitzvos and learning Torah].
      The Sefer Bris Avos (8:47) cites the Arizal as saying, “It is a mere misconception that a parent names a child arbitrarily. Rather, it is with Divine inspiration. For it is known before Him the purpose and (eventual) actions of the child, be it for the good or for the bad, all of which are concealed in his name. Each letter of the name reveals more and more about the person. Even if one finds an evil person with a name destined for the righteous, it is clear that contained in him is a small spark of goodness”.
         It is clearly evident that naming a child is a great responsibility and not something to be done lightly. We will now discuss the more practical issues related to naming a child.
Section 1- Who Chooses The Name
1) The right to name the child belongs to the parents of the child and to them alone. No other person (grandparents etc.) should get involved in the naming of the child. As the Lubavitcher Rebbe zt”l (Likutei Sichos vol. 12 page 182) writes, “As for her question regarding a suggestion as to what to name the child that was born, may he live. The Response of my father in law, the Rebbe, on this matter is known: He does not get involved in these matters. [This lack of involvement] is understood in light of the Arizal’s words that parents are given the thought from Above as to what to name the boy or girl that is born, a name connected to this child’s soul, so that the letters of the name are connected to the life force of the sould and body.”
2) The common custom is that the parents do not reveal the name to others until the baby is formally named, the boy at the bris and. refer to Section 2 as to when the girl is formally named. Rav Sarya Deblitzky zt”l explains that the reason that the name is not revealed to others is out of concern of ayin hara. (Shu”t Avnei Yashfei vol. 1 196:6)
3) As noted above, both the father and the mother have the right to decide the name of the child. Whose side of the family should name the first child, and any subsequent children, is dependent on custom:
4) Sephardic Custom– The Sephardic custom has always been to name the first child from the father’s side of the family and the next child from the mother’s side and it continues with this pattern.
5) Rav Ovadia Yosef zt”l (Yabia Omer 5 Y.D. 21), citing Rishonim, points to the naming of Yehuda’s children in Sefer Breishis as the source of this custom. The Torah records that Yehuda named his first son (Er), and his wife named the second son (Onan). Thus it is evident that the first child is named by the father and the second by the mother. Although, the Torah mentions that his wife named the third son as well, the Daas Zekeinim Mibaalei Hatosafos points out that the Torah specifically tells us that Yehuda was out of town at the time of the naming of his third child and was therefore unable to name him. If both parents are present, however, it seems that they should alternate naming the children, with the father naming the first child.
6) Interestingly, the Lubavitcher Rebbe zt”l was asked what is the proper order for naming children and he explains that if there is no set custom in the locale, one should follow the custom of the Rishonim, cited above, that the first child is named by the father, the second by the mother and so on. (Likutei Sichos vol. 7 page 308)
7) The Ben Ish Chai (Year 2 Shoftim 27) maintains that even if the father wishes to forgo the honor and wishes to let the wife name the first baby after the mother’s side, he may not do so. However, Rav Ovadia Yosef zt”l writes that if the paternal grandfather is willing to forgo the honor, they may name the baby after the maternal grandfather. Such as the maternal grandfather was a rabbi etc. This is especially so when the need to maintain shalom bayis is at play. For practical halacha, a competent rabbi should be consulted.
8) According to this custom if the child is given two names, one after the father’s side and one after the mother’s side, the name after the father’s side should be used first.
9) Ashkenazic Custom– The current Ashkenazic custom is that the mother’s side of the family has the rights to the first name. (Refer to Hamaor Year 5732 vol. 2, Igros Moshe Y.D. 3:101 and Shearim Hametzuyanim B’Halacha 163:22)
10) One reason given for this custom is that the bond between a daughter and her parents is weakened by her marriage because she leaves their home and now has responsibilities to her husband. Indeed, this weakened bond manifests itseld in the halacha that a married woman is no longer obligated in the mitzvah of kibud av v’em as it may interfere with her responsibilities toward her husband. In order to strengthen this newly weakened bond, the first child is named from the mother’s side of the family. (Kovetz Noam 13 page 294)
11) Rav Chaim Kanievsky shlit”a offers a second reason for this custom. He explains that since the mother just went through a painful delivery process, she is given the rights of the naming of the first child in order to help ease the pain. (Halichos Ketanim Uketanos page 31)
12) According to this custom if the child is given two names, one after the father’s side and one after the mother’s side, the name after the mother’s side should be used first.
13) Despite the various customs, cited above, great should be taken that no arguments arise when naming the baby and that both the husband and wife are happy with the decision.
Section 2: When Do We Name The Child
14) Naming A Boy– It is well known that the custom is to name the boy at the Bris. This custom is sourced in the Rishonim. (Siddur Rokeach page 728) The reason for this is that only after the baby is in his perfected state, after the removal of the orlah (foreskin), is the baby prepared to receive his Jewish name. (Chesed L’Avraham 2:52)
15) The poskim discuss what to do if a child is ill and will not be able to have the bris on time at 8 days: A) The Sefer Chemudei Daniel is of the opinion that if a child is ill and will not have a bris for weeks, one may give him a name before the bris. (Zicharon Bris L’Rishonim 12) According to the Chamudei Daniel one should name the baby before he is 8 days old, while the Sefer Kores Bris maintains one should name before the bris, but after the baby is 8 days old. Indeed, there were rabbanim who endorsed naming an ill baby before the bris so that the baby will have a name that others can use when davening for his recovery. (Kovetz Assia vol. 4 page 244) Rav Moshe Feinstein zt”l and the Satmar Rebbe zt”l are also cited as advising one to give an ill child a name, even before the bris. B) Harav Shach zt”l is cited as ruling that one should only name the baby before the bris if the baby is in a life threatening situation. However, if the bris is postponed because the baby’s bilirubin levels are high, however, the baby is not in a life threatening situation, one should not name the baby before the bris. C) The Steipler Gaon zt”l is cited as ruling that one should never name the baby before the bris. According to the Steipler Gaon zt”l if one wishes to daven for the baby one would pray for “tinok (child) ben plonis.”
16) Harav Binyamin Zilber zt”l (Az Nidberu 13:73) writes that if one follows the view that one may name the baby before the bris milah, then during the bris one may follow the normal procedure, including the words “Vayikareh Shemo B’Yisrael” (he shall be named) even though no additional name is added. However, Harav Shmuel Wosner zt”l is cited as ruling that it would be preferred to add a name at the bris since one is declaring “Vayikareh Shemo B’Yisrael.” (Netai Gavriel Nidah vol. 3 page 588)
17) Naming A Girl– The custom is to name the girl when the father receives an aliyah to the Torah. The Gabbai recites a special Mi Sheberach and the baby is formally named.
18) There are various customs as to when to name the baby girl, however, there are primarily two approaches:
A) The view of the Bnei Yisasschar was to name the baby at the first Torah reading after the birth, even if that is a Monday or Thursday, and one does not wait for Shabbos. (Minchas Yitzchak 4:107) This is also the view of the Minchas Elazar of Munkatch zt”l and is followed by Munkatcher Chassidim. (Darchei Chaim V’Shalom 219) This is also the custom of Chabad, Ziditshov, and Spinka Chassidim. [Similarly, according to the custom of Chabad Chassidim, if a mother gives birth on Shabbos morning after Shachris, the father will name the baby at Mincha.]
B) While others name the baby at the Torah reading on the first Shabbos after birth. As it states in the Sefer Ben Uziel Parshas Shemos, “I have heard in the name of Rav Yechezkal of Shinova zt”l that he was particular not to name a girl during the week, rather only to do so on Shabbos. He explained that the reason being that a baby boy receives his holy neshama at the bris milah, however, a baby girl receives her holy neshama on Shabbos.” The Avnei Nezer is also as cited as being very particular that one name a girl on Shabbos. (Siach Sarfei Kodesh 3:283) This is also the practice of many chassidim, including Siget, Satmar, Tchernobel, Sanz, Ger, Amshinov, Bialeh and Belz. This is also the custom of many sefardim.
19) The custom of Belz is that they name on Shabbos. However, if the baby is born on Friday, they will wait and name the baby the following Shabbos (8 days later).
20) The custom of Sanz and Babov is to name the baby on Shabbos. This is true even if during the week is Yom Tov, they still wait for Shabbos.
21) Harav Gavriel Zinner shlit”a writes that all agree that if a baby girl is born ill and requires others to daven for her health that one should name her right away and one need not wait for a day that the Torah is read.
Section 3: Naming After Family Members
22) There is an age old custom, dating back to the times of the Tenaim, to name one’s child after one’s family members (such as grandfather etc.). (Yalkut Yosef Kibud Av V’Em vol 2 ch. 8)
23) The poskim explain that when the parent’s of the baby name the baby after their parents or grandparents they are fulfilling the mitzvah of kibud av v’em. (Teshuvos V’Hanhagos 1:501) The reason for this is that the name of a child is connected to his soul and when one names a child after someone one is connecting that person’s soul to the soul of a child. It is for this reason that we do not name a child after an evil person (as we shall discuss in the next section). Therefore, when one chooses to name the child after a family member, such as a grandfather, one is, in essence, requesting that the child become connected to that family member. This clearly is a great sign of honor and when naming after one’s grandparent would thereby be considered an act of kibud av v’em for the parents.
24) In addition, there is a practice among many to name a child after a great rabbi and tzaddik. This practice is especially prevalent in chassidic circles. Indeed, the Gemara Bava Metzia 84b states that Rabbi Eliezer Ben Rebbi Shimon one day arrived at the Beis Medrash and had to rule on blood stains from sixty different women. After analysis of each stain, he determined that all of the women were tahor and therefore permitted to be with their husbands without having to immense in a mikvah first. The women all went home, conceived and subsequently gave birth to male children, all of whom were named Eliezer after the great Tanna.
25) The poskim discuss whether a parent should give precedence to naming the child after a rabbi or religious leader, or a family member. Harav Menashe Klein zt”l discusses this issue and he rules that one should give precendence to his family members. He writes that the author of the Macheneh Chaim wrote a letter to the author of Divrei Yirmiyahu stating that he regrets promising his rebbi (the author of Shaarei Torah) that he would name his son after him. He explains that there are important kabbalistic reasons to specifically name a child after a family member. He adds that, indeed, the Chasam Sofer who had a very close relationship with his rebbi, Rav Nosson Adler zt”l, did not name any of his sons after his rebbi, even though Rav Nosson Adler had no children who could perpetuate his name. Therefore, concludes Rav Menashe Klein zt”l, one should give precedence to naming a child after family members, more so than after a rabbi. This is also the view of Harav Binyamin Zilber zt”l. (Az Nidberu 13:72)
Section 4: Naming Boys After Girls And Vice Verca
26) Naming Female After Male- The poskim discuss whether one may name a baby girl after a man, such as naming a girl Mindy after a male relative Mendy. The Sefer Sharbit Hazahav (8:37) writes, “Regarding naming a girl after a male (for example a male named Simcha passed away and they now wish to name a baby girl Simcha after him or a male named Baruch passed away and they wish to name a girl Beracha after him) one should avoid doing so. This is especially so according to the mekubalim who explain that a person’s name is closely connected to his soul and the baby’s soul is connected to his namesake. Therefore, if one names a girl after a man, he is connecting this young girl’s soul to that of a man, which in turn can make it difficult for her to have children.”
27) Indeed, the majority of poskim, including Harav Eliezer Deutsch zt”l, Harav Eliezer Yehuda Waldenberg zt”l and Harav Shlomo Zalman Auerbach zt”l, were not in favor of those that name girls after men. However, some poskim, including the Ragotchover Gaon zt”l, permitted naming a girl after a boy. For practical halacha, a rabbi should be consulted.
28) Naming Male After Female– Although most poskim were not in favor of naming a female after a male, however, the poskim have no objection to naming a male after a female. Indeed, this was the custom in many locales. For examples, if a female named Dina passed away, they would name a baby boy Dan after her.
Section 5: Naming After One Who Died Young or Tragically r”l
29) Introduction- The Maharshal (Yam Shel Shlomo Gittin 4:31) writes that one should not name a child after a person that had “bad mazal” (rei’ah mazlei). He therefore writes that one should not call a child Yeshayahu, but rather Yishayah, since the prophet Yishayahu suffered a violent death, whereas the name Yishayah, mentioned in Divrei Hayamim (one of the books of the Bible) has no such negative connotations.
30) However the Beit Shmuel (E.H. 129 Shemos 10) writes that the Ramah argues on this as he says that one should write in a divorce document Gedalyahu (if one is called by that name) and not Gedalya, despite the fact that Gedalyahu ben Achikam, the leader of the Jews after the destruction of the First Temple, was murdered. Therefore, according to the Beis Shmuel, whether one may name after one who was murdered or died young would be a matter of argument between the Maharshal and the Rama.
31) However, the Chasam Sofer (2 E.H. 25) is of the opinion that all agree that one may not name after one who has “bad mazal.” Rav Moshe Feinstein zt”l (Igros Moshe Y.D. 2:122) rules that one should act stringently in accordance with the view of the Chasam Sofer.
32) If one wishes to name after one who had “bad mazal” the poskim offer three possible heterim to avoid any potential halachic issues: A) One should change the name slightly from that of the person with “bad mazal.” This is indeed the reason that the poskim say that the name Akiva should be spelled with the “hei” at the end of the name, even though Rav Akiva spelled his name with an “aleph” at the ending. The Chasam Sofer cites those who explain the shift in this spelling as being due to “rei’ah mazlei.” Even though Rebbe Akiva lived a noble life and was willing to die for yiddeshkeit, due to his tragic end we would need to make a change in the name before applying it to our children. B) If one cannot make a slight change to the name, one may name a child after the deceased person who had bad mazal as long as he adds an additional name, so that the child has two names. C) A third solution was given by the Steipler Gaon zt”l. He was asked whether a father can name a child after someone who died young. He explains that when the father says the name at the bris he should concentrate that if the chosen name would not be successful, then the child should really be named after a tzaddik who shares the same name. Therefore, if the name of the deceased was Yaakov, then the father should think that if naming after the deceased will not be successful for the child. the child is being named after Yaakov Avinu, or any tzaddik named Yaakov.
33) One Who Was Killed As A Martyr– It is thus clear that one should not name one’s child after one who was murdered, unless employing one of the three aformentioned solutions, as that person had a “bad mazal.”
34) The poskim add that the same is true if a person was killed because he was a Jew. Although such a person is a tzaddik that has the great merit of giving one’s life for Hashem, it still would fall under the category of one who has “bad mazal.” It is for this reason that we change the spelling of the name “Akiva” (as explained earlier) because Rav Akiva was killed. Even though he was killed for being a jew (al kiddush Hashem), yet we still need to make a change in the name before applying it to our children.
35) The question that many ask is whether one may name after someone who perished in the Holocaust. Is there any reason to allow this or is this also an issue of rei’ah mazley. The Satmar Rebbe zt”l and Rav Moshe Feinstein zt”l are cited as ruling that if one wishes to name after someone who perished in the holocaust one should add a name in order to avoid issues of rei’ah mazlei. (Beis Vaad L’Chachamim Elul vol. 5 page 356)
36) However, some poskim, including Harav Yitzchak Oelbaum zt”l and ybc”l Harav Moshe Shternbuch shlit”a, offer a permissive view regarding naming after those that were killed in the Holocaust. They explain that  that since this was a cataclysm which affected the entire Jewish nation and not just individuals, it could not be considered bad luck to name for those holy individuals who perished in the Holocaust. For normative halacha, a rabbi should be consulted.
37) Naming After One Who Died Young R”l– Rav Moshe Feinstein zt”l discusses whether one may name a child after one who died young r”l and he writes that although there may be an issue with doing so, it is difficult to ascertain at which age is dying young a sign of bad mazal. Since there were many great tzaddikim that died relatively young. An example would be Shmuel Hanavi and Shlomo Hamelech who lived to the age of 52 and many name their children after these great tzaddikim without concern. Rav Moshe is hesitant to give a specific age, however, he does write that if the young person died childless, one should not give the same name but rather add another name.
38) The Minchas Elazar of Munkatch zt”l (Darchei Chaim V’Shalom 929) was of the opinion that one should not a name a child after one who died below the age of fifty, unless one adds a name and the additional name should be before the name of the deceased.
39) Harav Yaakov Kamanetzky zt”l is cited as putting the cut-off age at sixty. (Ziv Hasheimos ch. 15)
40) Harav Shlomo Zalman Auerbach zt”l, the Lubavitcher Rebbe zt”l and ybc”l Harav Chaim Kanievsky shlit”a explain that the above concern, of naming after one who died young, does not apply when naming after the baby’s grandparent. Naming one’s child after one’s own parent is part of the Mitzvah of honoring your father and mother. Therefore, this overrides the traditional concern of naming after someone who died young.
Section 6: Naming After The Living
41) Ashkenazic Custom– The custom amongst Ashkenazik Jews is not to name a child after the living. Therefore, a parent may not name the child after the child’s grandfather if the grandfather is still alive. (Sefer Chassidim 460)
42) One of the reasons given for this is that since the common custom is to name children after parents or grandparents who are no longer alive. To name a child after a living person gives the impression that one wishes they were dead, Chas V’Shalom.
43) One should avoid doing so even if the grandparent doesn’t share the exact name of the child. Therefore, one should not name the child Menachem Mendel if that is the name of the grandparent, even if the grandparent is actually named Yosef Menachem Mendel. (Ziv Hasheimos ch. 10)
44) Although one does not name after the living, especially after a grandparent, the custom is to allow one to give a child the same name as the baby’s uncle or aunt.
45) Sefardic Custom– The custom amongst Sefardic Jews is to name after the grandparents even if they are alive. In addition, they feel that this is an act of honor for the grandparent and a segulah for the grandparent to have a long life.
46) Even amongst the Sefardim one should not name the child the same name as the child’s father.
R’ Avi Zakutinsky sends out a daily email containing 2 halachos. To subscribe to that daily email, free of charge, please email avizakutinsky@gmail.com and ask to be signed up. Thank you

Nittel Nacht

1: Many Jews have a custom not to learn Torah on the night preceding December twenty-fifth. This night is referred to as Nittel Nacht. (See Netai Gavriel Chanuka 385-418 for a full discussion) Most, however, learn Torah on Nittel Nacht. For practical halacha, one should follow his or her custom and consult a rav.

2: Some poskim question whether one may marry on Nittel Nacht. (See Shulchan Haezer vol. 2 page 88b) The Netai Gavriel (Nisuin chapter 48 note 45) cites the Sefer Chazon Yeshayahu who reports that the Satmar Rebbe zt”l was against arranging weddings on this night.
However, the Sefer Shulchan Haezer notes that two great rabbanim made weddings on Nittel Nacht. He adds that one of the rabbanim was a grandchild of the Chasam Sofer, and that perhaps he had a tradition from his grandfather to permit marriage on Nittel Nacht. The Netai Gavriel adds that the accepted custom in Israel is to rule leniently and allow for weddings to take place on Nittel Nacht. This was also the view of Harav Yosef Shalom Elyashiv zt”l. (Yevakshu Mipihu page 419) A similar permissible view can be found in the Sefer Yalkut Yosef. (Sovea Semachos page 43)

Chanukah Candles and Shabbos

1: The time for lighting the Chanukah candles on Friday is after Plag Hamincha, before sunset, and should burn a half hour after Tzeis Hakochavim. Therefore, care should be taken to see that there should be enough oil in the Menorah at the time of the lighting, to burn for the required amount of time. One should preferably daven Mincha first and then kindle the Chanukah lights. However, if this is not possible, one may light first and then daven Mincha. One should rather daven Mincha with a minyan after lighting the Chanukah candles, then daven alone before lighting the candles. (See Shulchan Aruch 679 and Mishnah Berurah 2)
2. On Erev Shabbos, the Chanukah lights are kindled before the Shabbos candles even if a man is lighting the Shabbos candles. The reason is that there is a view which holds that men are mekabel Shabbos when he lights the Shabbos candles and melacha is prohibited. Although most poskim disagree with this view, and feel that men are not mekabel Shabbos when lighting the Shabbos candles, the custom is to preferably conduct himself accordingly.
3. However, if a man lit the Shabbos candles and did not intend to usher in Shabbos, he may kindle the Chanukah lights afterwards. This Halacha concerns a man, who does not accept Shabbos by lighting the Shabbos candles. However, when a woman lights the Shabbos candles, the custom that the she does accept Shabbos and is prohibited from doing any melacha. Therefore, if she should, accidentally, light the Shabbos candles, she is no longer permitted to kindle the Chanukah lights. She should, instead, instruct another person to light for her (as long as it is before sunset) and recite the blessing “Lehadlik Ner Shel Chanuka” on her behalf. She may, however, recite “Sheasa Nissim”. (Mishnah Berurah 679:1)
4. The poskim debate whether one should light the Chanukah lights before reciting Havdalah this Motzei Shabbos, or is Havdalah recited before kindling the Chanukah lights. (See Shulchan Aruch, Rama, Mishnah Berurah and Biur Halacha 681 for full discussion) In shul, the custom is to light Chanukah lights first. At home, however, since there is basis for both views, one should continue to conduct himself according to his own custom. If one has no specific custom he should perform Havdalah first and then kindle the Chanukah lights. (Opinion of Harav Yosef Eliyahu Henkin zt”l cited in Luach and of Harav Shimon Eider zt”l in Halachos of Chanukah page 44)
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Amirah L’Akum

1) There is a rabbinic prohibition for a Jew to instruct a non-Jew to perform on his behalf any activities that are prohibited on Shabbos.
There are 3 reasons given for this prohibition: A) The Rambam (Shabbos 6:1) writes that it is prohibited so that Shabbos will not be taken lightly. [Parenthetically, this is the very reason that Rav Moshe Feinstein zt”l was against using electrical items with Shabbos clocks, as it is included in the prohibition of the Rambam.] B) It is included in the prohibition of “V’Daber Davar”, forbidden speech on Shabbos. C) The non-Jew is your messenger to do a prohibition.
2) In addition to the prohibition to command a non-Jew to perform prohibited activities on Shabbos, it is also prohibited to benefit from the non-Jew’s action. Therefore, if a non-Jew “knows” to turn on the light for you or turn on the fire etc. without being told, one still cannot benefit from those activities (one cannot read by the light or stay warm by the fire etc.) Even though he didn’t command the non-Jew, he cannot benefit from the actions.
Leniencies in cases of Torah prohibitions (Part 1)
Under certain circumstances, it is permissible to tell a non-Jew to perform even a biblical prohibition:
1) Bein Hashmashos– Bein Hashmashos is the time between sunset and nightfall. During Bein Hashmashos on Friday night one can be lenient to ask a non-Jew to perform any activity, even biblical in nature, for any one of the following reasons- A) For the sake of a mitzvah, B) Shabbos needs (oneg shabbos), C)Avoiding substantial financial loss, D) Avoiding significant distress.
2) Rav Moshe Feinstein zt”l discusses the specific amount of time one can ask a non-Jew during Bein Hashmashos and he concludes that for this discussion one can be lenient to ask the non-Jew (as per the needs above) during the 30 minute period after sunset. The leniency of Amirah L’Akum would no longer apply  after 30 minutes. (Refer to Igros Moshe O.C. 4:62 and 4:64 40)
Some examples of the above halacha is- One can tell a non-Jew to turn on an electric stove during Bein Hashmashos in order to warm the food. (Oneg Shabbos) One can ask a non-Jew to lock one’s place of business and activate an alarm system during Bein Hashmashos if one forgot to do so. (Avoiding substantial loss) (Refer to Orchos Shabbos vol. 2 page 503 and The Sanctity of Shabbos pgs. 40-45)
1)  Pesik Reisha– Pesik Reisha describes a permissible action which will inevitably result in the performance of a prohibited melacha on Shabbos. An example is opening a fridge on Shabbos when the light will go on. The desired action is to open the fridge (permissible action), however, this will inevitably cause the forbidden act of turning the light on. On Shabbos performing a Pesik Reisha is forbidden. Therefore, in the above case one cannot open the fridge on Shabbos if the light will go on.
Yet, it is permitted to tell a non-Jew to perform the permissible act even though it will result in a melacha being performed by a pesik reisha. (Magen Avraham 253:41)
2) Therefore, if something necessary for Shabbos was left in the car, one may ask a non-Jew to open the car door even though a light will inevitably go on. Similarly, one may ask a non-Jew to open the fridge, even though the light will go on. (Igros Moshe 2:68) [The non-Jew may also be asked to close the fridge because that too is a pesik reisha. If food which is essential for the Shabbos meals remain in the fridge after it is closed, the non-Jew may be asked to first uncsrew the bulb if: A) There will not be a non-Jew available to open the fridge door at a later time, and B) there is no other way to preserve the food. (Sanctity of Shabbos page 49)]
1) Public Mitzvah– If a group of people cannot perform a mitzvah a non-Jew can be asked to do even a biblical prohibition in order to facilitate the performance of the mitzvah. (M.B. 276:25 and Sanctity of Shabbos page 57)
Therefor, if the lights (even incandescent) went out in the shul and the congregants are unable to daven on learn, a non-Jew may be asked to turn the lights on.
2) Similarly, it is permissible to tell a non-Jew to do a biblical prohibition if it will save many people from sinning. Therefore, if a public eiruv broke, and many people are unaware of this and they will continue carrying, a non-Jew may be asked to repair the eiruv, even if it involves a biblical act of repairing.
1) Choleh She’ein Bo Sakana– It is permitted to ask a non-Jew to perform any action on Shabbos to cure or to ease the pain of a choleh she’ein bo sakana, an incapacitated person. (M.B. 328:47)
An incapacitated person is a person who is feeling so unwell that he or she would go to bed if that would help (e.g. someone with a severe cold or flu). Similarly, when an illness causes a person so much pain that he cannot function normally, that person is considered to be incapacitated. (Shulchan Shlomo 328:23)
2) Therefore, one may ask a non-Jew to drive to a drug store and buy the patient medicine; to turn on a light; to turn on the heat or the air conditioner. One may also tell a non-Jew to adjust an electric hospital bed for a sick person.
[It should be noted that if it is possible to achieve the objective treatment without asking a non-Jew, then we must do that. (Beis Yosef 330:4) Therefore, if the medication can be obtained without having a non-Jew drive to the store, one must obtain it in a permissible way.]
Adults must be ill to be categorized as cholim shein bahem sakana. However, children, in general, are treated as cholim shein bahem sakana even when they are healthy. Therefore, if a child has a need, that if left unfulfilled, may lead to any sickness, one may tell a non-Jew to do a biblical prohibition. (Rama 328:17) For example, if an infant will only eat a certain baby food which was not prepared before Shabbos, one may tell a non-Jew to prepare and cook that food. Similarly,  a child who experiences fear of the dark is considered a choleh. Therefore, if the fuse in the house blew and the lights are off, one may ask a non-Jew to repair the fuse on Shabbos. (Sanctity of Shabbos page 53)
2) The poskim debate what age is a child still considered a choleh and has the heterim described above. According, to Harav Shlomo Zalman Auerbach zt’l, Harav Elyashiv zt”l and Harav Wosner zt”l all maintain that until the age of 3 the child is treated as a choleh. The Tzitz Eliezer extends it to 6, the Minchas Yitzchak 9 and Harav Ben Tzion Abba Shaul zt”l permits it until the child is bar or bat mitzvah. Harav Oelbaum shlit”a (Minchas Chein vol. 1 page 51) discusses this issue and after compiling all of the opinions he concludes: “All agree that a child under 3 can be considered a choleh shein bo sakana. A child more than 9 years old cannot generally be considered a choleh, according to most opinions. For children aged between 3 through 9, it is dependent on the relative strength or weakness of the child. If he is relatively weak, he may be treated as a choleh shein bo sakana, if he is relatively strong, he should not be included in this category.”
Question: If my house is cold can I ask a non-Jew to turn on the heat? Does it make a difference if there are elderly or children in the house?
Answer: Turning on the heat on Shabbos is a biblical prohibition. Therefore, to ask a non-Jew should only be permitted in the case of a ill person (choleh shein bo sakana) as was discussed in the previous emails. However, the poskim have determined that people who live in a house that is not adequately heated are likely to become ill. Therefore, people lacking adequate heat are treated as a choleh shein bo sakana.
Thus, it is permitted to tell a non-Jew to turn on the heat in a house that is very cold. (S.A. 276:5) [If the house is adequately heated for the average adult, then one would not be able to ask a non-Jew to turn on the heat. The Aruch Hashulchan does point out that it is very difficult to determine what is considered adequately heated and what is considered very cold in halacha.] Even if the house was warm enough for the average adult but there are children or elderly people present, who require additional heat, it is permissible to tell a non-Jew to turn on the heat. (Sanctity of Shabbos page 52)
Reader’s Question: Over the last few halachos you mentioned numerous heterim to allow one to ask a non-Jew to perform even biblical prohibitions (such as pesik reisha, public mitzvah, cholim etc.). Is one allowed to outright ask the non-Jew to perform the prohibition or must one hint it to him? What is the whole inyan of hinting in general?
Answer: In short, one need not hint to the non-Jew in all those cases. When it is permitted to ask a non-Jew (such as pesik reisha, public mitzvah, cholim etc.), it is permitted to do so outright.
The whole concept of hinting is only in a very specific case, as we shall discuss below. The reason is as follows: There are 2 issues with AmirahL’Akum- 1- The prohibition to command the non-Jew and 2- benefiting from his actions. Therefore, even if one hints for a non-Jew to perform a prohibited activity (which removes the 1st issue), it is still prohibited to benefit from his actions (2nd issue). In the previous halachos one is permitted to ask and benefit from the activities of the non-Jew.
When then does hinting apply? Hinting only applies when one is not directly benefiting from a non-Jew. The poskim describe 2 instances where one does not benefit from his actions (and when hinting would be effective). A) Indirect Benefit- Indirect benefit is where the actions of the non-Jew merely removes an obstacle rather than giving direct benefit. For example, putting out a light in the bedroom does not directly enable a person to sleep. It merely removes the obstacle of light. Therefore, one may hint to a non-Jew to turn off a light in the room. B) Additional Benefit- Addition benefit is where the melacha only makes it easier to do something which was possible even without his actions. For example, additional lights in an already lit room. Therefore, one may hint to the non-Jew to turn on a light in an already lit (albeit dimly lit) room.
In these 2 instances there is no prohibited command (1st issue), since one is hinting and there is no issue of benefiting from the non-Jew (2nd issue) as there is no benefit from his actions in this case. In all other cases hinting is not effective and not relevant.
Reader’s Question: If I need to overnight a package for work on Friday am I allowed to do so or is it Amirah L’Akum since I am asking the UPS workers to work for me on Shabbos.
Answer: Sending a package express overnight on Friday is a problem in general do to the issues of Amirah L’Akum. However, in case of great need and financial loss one can be lenient to overnight the package. A rabbi should always be consulted to determine if this case is considered “a great need” and warrants a lenient ruling.
The reason for the lenient view is that the poskim debate whether one may ask a non-Jew to ask another non-Jew on shabbos to perform an activity for the Jew. This is called “Amirah L’Amirah“. The Chavos Yair 53 rules that one may tell a non-Jew to tell another non-Jew to perform a melacha on Shabbos. However, the Avodas Hagirshuni rules stringently on the matter. The Mishnah Berurah 307:24 cites both views and rules that one may rule leniently in case of great financial loss. Overnighting a package is indeed a case of Amirah L’Amirah because the Jew does not directly commission the non-Jew who will deliver the package. The Jew merely interacts with a clerk in the UPS store who in turn tells the other non-Jew to deliver the package.
Yet, this case is a little bit better than the case of the Mishnah Berurah since the command is happening during the week. The Chasam Sofer 60 rules that Amirah L’Amirah is allowed if the command happens before Shabbos. The whole debate is whether one may tell a non-Jew to tell another non-Jew on Shabbos, however, before Shabbos is more lenient. (See Biur Halacha 307 for a dissenting view) Based upon the above reasoning one may be lenient only in a case of great need.