Author: Hashevaynu
Hallel on Succos (2 Relevant Halachos)
Tashlich
5) The custom of Chabad is to recite Tashlich when they are so close to the water that they can see the fish. (Shulchan Menachem vol. 3 page 107)
Kneeling On Rosh Hashana And Yom Kippur
Bracha Upon Seeing Royalty
Link To Shiur On Hadlakas Neiros
Here is a link to a shiur that I recently gave on the laws of Hadlakas Neiros. If there are any questions please email me at avizakutinsky@gmail.com
Naming A Child After Someone Who Was Not Observant
The Mitzvah of Tosefes Shabbos
1) The Fourth Commandment is to “Remember (Zachor) the Shabbos day”. Our Sages in the Mechilta explain that derived from this verse is the obligation of Tosefes Shabbos, starting the Shabbos early in order to incorporate a small part of the week day into Shabbos. The majority of the Rishonim maintain that the mitzvah of Tosefes Shabbos is a Biblical commandment. (See Biur Halacha 261:2) One should perform this mitzvah before sunset, since Shabbos begins at sunset.
2) This Mitzvah is incumbent upon women as well as men. (Shemirash Shabbos K’Hilchoso 46:1)
3) The proper procedure, lechatchila, for this mitzvah, is to state that one is being mekabel Shabbos for the sake of the mitzvah (Tosefes Shabbos). This statement can be made in one of the following ways: by reciting the entire kabbalas Shabbos, by reciting Mizmor Shir L’yom Hashabbos, by answering Borchu, by davening the Shabbos Maariv, by lighting candles [for women], or even by saying aloud: I am mekabel Shabbos for the sake of the mitzvah of Tosefes Shabbos. If one merely thought to be mekabel Shabbos, without verbalizing anything, according to many poskim he is yotzei b’dieved. (Shemiras Shabbos K’Hilchoso 46:2) There are some poskim who say that one may fulfill the obligation by merely refraining from forbidden work (see Aruch Hashulchan 261:2 and Yabia Omer vol. 7 page 97 in the footnote) ; however, many poskim disagree. (Shemiras Shabbos K’Hilchoso ibid.)
4) The Rishonim do not clearly define the amount of time as the minimum addition required to fulfill the mitzvah of Tosefes Shabbos. However, latter day poskim do define specific amounts of time to fulfill the mitzvah: The Chayei Adam (5:2), cited by the Mishna Berurah (261:22), maintains that Tosefes Shabbos together with Bein Hashmashos is one half hour long. Because Bain Hashmashos is approximately fifteen minutes, one should add an extra 15 minutes to Shabbos. Rav Moshe Feinstein zt”l, (Igros Moshe Orach Chaim 97), implies that one need not be mekabel Shabbos more than two or three minutes early in oder to fulfill the mitzvah of Tosefes Shabbos. The Mishna Berurah advises that to fulfill the mitzvah according to all the shitos, (most notably the Yeraim), one should usher in Shabbos 30 minutes early, or at least 20 minutes early. Rav Avigdor Nevenzhal shlit”a (B’Yitzchak Yikareh on Mishnah Berurah) cites Rav Shlomo Zalman Aurbach zt”l who says that the custom is not to follow this stringent view of the Mishnah Berurah.
5) One may be mekabel Shabbos as early as plag hamincha, but not earlier. Any Kabbalas Shabbos made before plag hamincha, including lighting candles, is void and must be repeated. (Mishna Berurah 261:25)
6) A common problem which many people are unaware of is that once one answers borchu with a minyan one has accepted upon himself Shabbos and cannot afterwards pray the weekday mincha. If this occurs, he must daven Maariv twice. (S.A. 261:16) If one is in a Shul during the summer months when there is an early minyan taking place, one should not answer to Barchu if he still wishes to daven Mincha later. Rav Moshe Feinstein zt”l (Igros Moshe O.C. 3:37) writes that if one answered Borchu with the specific intent not to accept Shabbos, then he may daven Mincha afterwards. If one does not have this intent it is considered as if one intended to accept Shabbos. A similar view was expressed by Harav Shlomo Zalman Auerbach zt”l in the Sefer Halichos Shlomo (vol. 1 page 166). Harav Ovadia Yosef zt”l (Yechava Daas 6:18) disagrees, and rules that even if one had the specific intent not to accept Shabbos, he may not daven Mincha afterwards. The reason for this rule is that saying Borchu is an act of accepting Shabbos with a congregation and is effective regardless of intent. Therefore, one should not answer Borchu at all.
7) The Sefer Shemiras Shabbos K’Hilchasa (46 footnote 54), adds that even if one did not answer borchu, but turned around to face the back of the Shul during Boei Beshalom, (as is customary), he has accepted Shabbos, and is therefore disqualified from praying Mincha. He would also have to daven Maariv twice. See. however. Ishei Yisroel page 372 note 12 who writes that this ruling of the Shemiras Shabbos is debatable.
8) According to our custom, Shabbos begins at sunset. Once the sun sets it may already be night according to many opinions. Therefore, in order to perform the mitzvah of adding to the Shabbos, one must be mekabel Shabbos before sunset. (After sunset, one is not adding to the Shabbos since it is already Shabbos.) Many Shuls, especially during the winter, daven Mincha on Friday evening 10 to 15 minutes before sunset and then begin the prayer of Kabbalas Shabbos. By the time the minyan says boei beshalom (a formal way of accepting early shabbos), it may be past sunset. Therefore, many men are not fulfilling the mitzvah of tosefes Shabbos according to the opinion of many poskim. There are, however, a couple of alternatives to fulfill the mitzvah and daven Mincha in the proper time:
- If an individual realizes that he will not be able to finish the silent Shemoneh Esrei of Micha before sunset, he should daven alone (byichidus) before sunset, be mekabel Shabbos, and then go to shul to answer kedusha etc. (Shemiras Shabbos K’Hilachasa 46:5).
- Rav Shlomo Zalman Aurbach zt”l is cited (Sefer Halichos Shlomo chapter 14 note 3) as offering an alternative solution to the problem. He advises that if one will not be able to finish the silent Shemoneh Esrei before sunset, one may accept Shabbos before mincha, with the stipulation, “Even though I am accepting Shabbos upon myself, I am still able to daven mincha”. One should add the next phrase to fulfill all the shitos by saying, “Right before sunset I accept Shabbos completely without any stipulation.” See Halichos Shlomo for further discussion on this psak.
- The Tzitz Eliezer wites (13:42) that if one finds himself right before sunset and is faced with the choice of davening Mincha or being mekabel Shabbos, he should be mekabel Shabbos and then daven Mincha. He reasons that the rule that one who accepts Shabbos may no longer daven Mincha is only true when one accepted Shabbos with a minyan (by answering Borchu and the like). However, one who personally accepted Shabbos without a minyan may continue to daven mincha.
Reciting Shehechiyanu On New Purchases
1) The recital of the blessing Shehechiyanu (Blessed are You…Who has kept us alive, sustained us and brought us to this season) was enacted for the festivals and other seasonal events, but it was also instituted for occasions when one feels a personal sense of joy. Therefore, one says Shehechiyanu when making significant purchases that gladden his heart. As the Mishnah in Brachos (9:1) rules, “If one built a new house or purchased new clothes, he says the blessing of Shehechiyanu”.
2) Rav Moshe Feinstein zt”l (Igros Moshe O.C. 3:80) writes that one should recite the bracha after purchasing a car. [If the car will be used by his wife and family then the proper bracha is Hatov Vihameitiv] However, the Kaf Hachaim (223:20) cites the custom not to make a bracha on any new object one purchases, which would include cars.
3) Rav Shlomo Zalman Aurbach zt”l (Halichos Shlomo vol. 1 page 183) testifies that the custom is to say Shehechiyanu after purchasing elegant clothing. Accordingly, if one buys a new hat one can recite the blessing as long as the hat brings him joy. He adds that no bracha is said on a pair of shoes even if they are expansive.
4) The Shulchan Aruch (Orach Chaim 22) rules that the bracha of Shehechiyanu is recited on a new talis gadol. Rav Moshe Feinstein zt”l (Igros Moshe O.C. 3:80) adds that no bracha is said on a pair of tzitzis (talis katan), as they do not bring the (average) purchaser joy. He explains that the fact that the purchaser gets enjoyment from fulfilling the mitzvah is irrelevant in our discussion. [He adds that it the tzitzis bring immense joy to the purchases, then the bracha should be said.] Rav Shlomo Zalman Auerbach zt”l (Halichos Shlomo chapter 3 note 47) also writes that one does not recite a bracha on a talis katan or shoes since they do not bring joy.
5) The poskim explains that one should recite the blessing immediately after donning the clothing for the first time. The Baal Hatania (Birchas Hanehnin 12:4) writes that if one forgot to do so, one can continue to recite the blessing at any point during his initial wearing of the clothing. Once he takes them off he cannot recite the blessing with G-d’s name (when wearing them for the second time). The bracha should then be said without the name of Hashem. Harav Shlomo Zalman Auerbach zt”l (Halichos Shlomo page 283) however, rules that one may recite the bracha even during the second time he wears it as long as it still brings him joy.
6) The Kaf Hachaim (223:30) notes that putting on the suit by the tailor (to see if it is fitted correctly) does not constitute wearing regarding the bracha of Shehechiyanu. One can still recite the bracha the next time he wears the suit.
7) The poskim discuss whether one should recite a shehechiyanu when performing a mitzvah for the first time (such as a Bar Mitzvah boy with Tefillin or a kallah lighting candles for the first time):
A- The Rokeach (Siman 371) writes that anytime one is performing a mitzvah for the first time one should recite shehechiyanu. The Rama (Y.D. 28:2) and Toras Yekutial (60) rule in accordance with the Rokeach.
B- However, there are many poskim that disagree and rule that one should not recite the shehechiyanu when performing a mitzvah for the first time. This is the view of the Shulchan Aruch 23, Shach (Y.D. 28:5), Pri Chadash, Chida (Shiurei Brach Y.D. 200) and Harav Ovadia Yosef zt”l (Yechava Daas 2:31).
C- The Pri Toar (cited by Chasam Sofer O.C. 55) feels that one should not recite a bracha after performing every mitzvah for the first time like the Rokeach. Rather, only a bar mitzvah boy should recite the bracha. Why is this so? The answer is that when one becomes bar mitzvah and puts on Tefillin in addition to wearing Tefillin for the first time, he also is entering into a new stage in his life. He is now a full member of the Jewish people, able to help Am Yisroel perform mitzvos and become closer to Hashem. Entering that stage of one’s life brings enough joy to recite shehechiyanu. Similarly, a married women recites a bracha when lighting candles for the first time since she is entering in to a new stage of her life (that of a married woman).
The Mishnah Berurah (Biur Halacha 22) advises that when performing a mitzvah for the first time, one should preferably create a situation where a shehechiyanu needs to be made for another reason, such as for a new fruit or new clothing.
8) Houses- The Shulchan Aruch (Orach Chaim 223:3) writes that one recites the blessing of Shehechiyanu after purchasing a house. Although the Mishnah in Brachos (9:1) required the blessing on a new home, he explains that “new” in this context means it is new to him; however, the house may have been used by others before him.
9) The Biur Halacha cites the Achronim who write that the proper bracha is contingent on the buyer of the house and its occupants. If a single person purchases a house for himself than one should recite Shehechiyanu. If, however, a husband or father buys a house for his family than the proper bracha is “Hatov Vihameitiv”. Which is the blessing reserved for purchases that will give joy to the purchaser and others. The Chayei Adam disagrees and rules that regarding houses one should not recite Hatov Vihameitiv, rather, one should always recite Shehechiyanu.
10) The Tzitz Eliezer (12:19) writes that the blessing should be said on the purchase of a home even if one used loans or mortgages to help cover the cost on the house. The fact that this purchase also caused him much responsibility and stress (for the future) does not diminish the sense of joy one feels upon becoming a homeowner. This is in contention with the ruling of Rav Chaim Palag’i zt”l who explains that this bracha is recited upon purchases that brings happiness. He contends that no bracha can be said when the house is bought with loans (or mortgages) for a purchase like this brings more responsibility and stress than it does joy. And at the time when he finally pays off his final mortgage, the feeling of joy is gone, rendering him unable to recite the bracha. The Tzitz Eliezer concedes that there is responsibility and anxiety with this purchase. He argues that since there is also the overwhelming feeling of joy one should indeed recite the blessing of Shehechiyanu. Rav Moshe Stern zt”l (Beer Moshe 5:68) agrees with Rav Chaim Palag’i and with this explains the custom of some not to make a blessing upon the purchase of a house. A similar custom is found in the Sefer Ben Ish Chai in Parshas Re’ah (6). The Ben Ish Chai testifies that in his area the custom was to refrain from saying Shehechiyanu when buying a house. One would instead make a festive meal, a “chanukas habayis”, as a forum to thank Hashem. He continues to observe that some wore new clothing or ate new fruit, which require a Shehechiyanu in their own right. When reciting the blessing over the clothing or fruit they would have their house in mind.
11) Rav Shlomo Zalman Auerbach zt”l (Halichos Shlomo 23:13) is quoted as saying that the bracha should be recited right after the Mezuzos are fitted to the doorposts as it is only then that the house is considered livable. [A similar ruling was already advanced by Rabbi Akiva Eiger zt”l cited in Shaar Hatzion 223:21]. If one forgot to make the bracha at the proper time, one may do so afterwards, so long as the house still brings him a lot of joy and happiness.
12) Rav Shlomo Zalman Auerbach zt”l (Halichos Shlomo 23:13) is quoted as ruling that no blessing should be said upon renting a house. If after years of renting, one purchases said house, then Shehechiyanu should be said.
13) The Mishnah Berurah writes that if one’s home was destroyed in a fire and was consequently rebuilt, one would be required to recite a bracha. He continues that adding an extension to one’s property also warrants a blessing. A bracha is recited even if one does not actually add to the size of the property, rather, converts his backyard into a den or kitchen. There is a disagreement amongst the poskim as to whether a bracha is appropriate when one merely altered the dimensions of the house (ex. removing a wall thereby converting two rooms into one large room); See Sefer Halichos Shlomo 23:13 and Sefer Bitzail Hachochma 4:49.
The Laws of Maaser Money
1) The poskim discuss the nature of the obligation to give ten percent of one’s money to charity (Maaser money) A- Tosafos (Taanis 9a) quotes the Sifri that there is an obligation to give ma’aser on all money acquired through business transactions and the like. The Sifri derives this from a verse in Devarim 22:14 “You shall tithe all the seed crops that the field gives forth, year by year”. It would seem that the Sifri holds that the obligation to give ma’aser kesafim is biblical in nature. Indeed, the Chasam Sofer (Yoreh Deah 232) writes that according to the Maharil the obligation is from the Torah. B- The opinion of the Bach (Yoreh Deah 331) is that ma’aser kesafim is neither biblical nor rabbinic (rather it is a custom). His son-in-law, the Ta’z, in his commentary on Shulchan Aruch (Yoreh Deah 331:32) questions his father-in-law’s opinion and he therefore holds that the obligation is rabbinic (as explained by Chavos Yair 234, see however Aruch Hashulchan Y.D. 331 for a dissenting view). The Noda B’Yehuda agrees with the Ta’z that the obligation is merely rabbinic (cited by Tzitz Eliezer 9:1) Many Authorities agree with the Bach and explain that ma’aser kesafim is simply a custom, including: Sheilas Yaavetz (1:6), Shvus Yaakov (vol. 2 Yoreh Deah 85), Shut Pnei Yehoshua (Orach Chaim 2).
2) The Chavos Yair (234) and the Teshuva Me’Ahava (1:85) both write that even according to the Bach (who contends that ma’aser kefafim is purely a custom) once one begins to give ma’aser, it is as if he made an oath to do so and is now obligated to continue. Many are of the opinion that this is true immediately after the first time one gives ma’aser. It is for this reason that the Chofetz Chayim (in his sefer Ahavas Chesed chapter 18 note 2) advises that one should stipulate – prior to the first time he gives ma’aser – that he is doing so “Bli Neder”, without the binding force of a vow. If he fails to make this stipulation, he becomes obligated to give ma’aser as if he had vowed to give a tenth of his money to tzedaka, and all the stringencies that apply when fulfilling a pure obligation command would apply to him.
3) The poskim discuss whether one may purchase seforim using Maaser money. A- Rama (Yoreh Deah 249) rules that ma’aser should be given to poor people and it is not to be spent on other mitzvos. Purchasing seforim should therefore be forbidden. A stringent view was advanced by the Aruch Hashulchan who feels that purchasing seforim is an inappropriate use of ma’aser. Rather the money should go to the poor (an almost identical ruling to that of the Rama previously cited). B- The Shach, however, permitted buying seforim from ma’aser money on the condition that one lends it out to others. The Ta’z has a similar lenient ruling and adds that one must mark in the sefer that it was bought using money from ma’aser. This will ensure that even his children will always remember that the sefer does not belong to him and is meant to be used by the public. C- The Chofetz Chayim writes that if one knows someone who cannot afford to buy seforim, one may purchase seforim using ma’aser money, and then lend it to said person. He explains that this is an acceptable form of tzedaka. D -It is also worthy to note that based on a teaching of the Chasam Sofer (Yoreh Deah 231) one may stipulate – prior to the first time he gives ma’aser – that he intends to use the money for other mitzvos. This too should bypass all issues.
4) Rav Shmuel Wosner zt”l in his sefer Shevet Halevi (7:195) writes that one is allowed to purchase seforim (using ma’aser money) and donate them to a shul or yeshiva according to all authorities. He explains that the Aruch Hashulchan ruled stringently only when the person intended on owning the sefer and lending it out to others. The Aruch Hashulchan feared that over time he might forget to lend it to others and the sefer will become “one of his own”. However, donating the seforim to a shul or a yeshiva would avoid this problem.
5) Rav Moshe Feinstein zt”l (Igros Moshe Yoreh Deah 2:113) writes that one is not allowed to use ma’aser to pay tuition for one’s son to go to yeshiva. This restriction is based on the halachic principle that ma’aser money may not be used to pay off an earlier obligation; and since one is required to pay for a child’s education, one may not fulfill his obligation using ma’aser money. A similar ruling is advanced by the Chafetz Chayim in his sefer Ahavas Chesed (19:2).
6) Rav Moshe extends a similar ruling regarding tuition for one’s daughter to go to “Bais Yaakov”. He explains that although one is not obligated to teach his daughter Torah, however, one is obligated to insure that his daughter is raised in a religious environment. In America one is required by law to send his children to a school, if not private than public. Therefore one is obligated to send his daughter to a religious private school if the alternative is a public school. The halacha of a girl is identical to that of the boy, that one may not fulfill his obligation to pay for a child’s education with ma’aser money.
If one finds himself having a difficult time paying tuition and feels that he needs to use some ma’aser money as aid, there are authorities who are lenient. (See Rivevos Efraim 4:204) However, a rav should be consulted before taking a lenient approach. Rav Moshe adds that one may use Maaser money for the tuition that is above the standard fare.
7) Rav Moshe Feinstein zt’l in his sefer Igros Moshe (Orach Chaim 4:76 no. 2) addresses the permissibility of purchasing tickets at a Chinese auction (organized by a tzedaka organization) using ma’aser money. He writes that it is permissible to do so and the winnings do not belong to ma’aser. He adds that if one wins a prize with this ticket that he should reimburse the price of the ticket to his “ma’aser funds”.
8) Rav Moshe Shternbuch shlit”a (Teshuvos V’Hanhagos 3:289) agrees with Rav Moshe in principle, however, he voices his concern that people will only give ma’aser to those organizations who organized an auction, leaving many worthy causes without donators. He advises, therefore, to only spend a fifth of one’s ma’aser funds at auctions and events. It goes without saying that one should not give to a lesser cause basing his decision on the fact that they have organized an auction; rather the money should go to the most worthy cause.
9) As with any other business transaction, a shadchan must be paid a fee for arranging a shidduch (Rama C.M. 185)
10) One is not allowed to use maaser money to pay for obligations and debts. Therefore, one is not allowed to pay the shadchan with maaser money. (Zichron Yehuda 192 and Emes L’Yaakov on Tzedaka) Harav Gavriel Zinner shlit”a rules that if one agrees to pay the shadchan more than is the standard fair, he may use maaser money to pay the amount that is above the standard fair. (Netai Gavriel Tenaim page 386)