Tefillas Haderech

  1. The Shulchan Aruch (110:4) writes that when one travels out of the city he should recite Tefillas Haderech.
  2. It makes no difference whether one is traveling by foot, car, train, airplane or boat.  Ishei Yisrael 50:1 quotes Rav Shlomo Zalman saying that one who is traveling by car can add the phrase “VeTatsileynu MeTeunot Derachim” (may we be saved from a car accident). However, Harav Chaim Kanievsky shlit”a is not in favor of adding to the text of the Tefillah.
  3. The poskim discuss when to recite it when flying. According to Harav Shlomo Zalman Auerbach zt”l (Halichos Shlomo page 254) one recites it when the plane is high enough of the ground that if it were to fall it would be dangerous. For all intents and purposes one would recite it immediately after beginning takeoff, when the plane is ascending. According to Harav Yaakov Kamanetzky zt”l (Emes L’Yaakov 110) one recites it when the plane is still on the runway when the engine begins to really rev up and it begins it’s last push before takeoff.
  4. Rav Yaakov Kamanetzky zt”l explained that Tefillas Haderech actually has the status of a tefillah (prayer) and not a bracha. Therefore, if one is able to recite Tefillas Haderech on his own (he is capable and has a siddur), one should not lchatchila have someone else say it for him to be motzei him. This is similar to other tefillos where we do not initially have someone motzei others if they are capable of davening on their own. As opposed to brachos where there is no issue with that. (See Emes L’Yaakov 110 and Shulchan Halevi page 19) If one is unable to say it himself (he is not able to read hebrew, doesn’t have a siddur or is driving), he may have someone else be motzei him.
  5. Another practical halacha that stems from this view of Rav Yaakov is that if one is in doubt as to whether Tefillas Haderech is required, one may recite it (as is the law regarding prayer, as opposed to brachos where we conclude safek brachos l’hakel).
  6. The poskim discuss whether one can say Tefillas Haderech for someone else (to be motzei others) after he has already recited it himself. (See Aishel Avraham Botchetch 110 and Halichos Shlomo ch. 21) For normative halacha, a rabbi should be consulted.
  7. Initially, one should recite Tefillas Haderech while standing. (S.A. 110:4 and Aruch Hashulchan 11) If this is difficult to do, one may recite it while seated. Therefore, if one is on a bus or train and one is able to stand, one should do so.
  8. Although we just mentioned that one should initially recite Tefillas Haderech while standing, if one is driving in a car one is not obligated to pull over and get out of the car in order to recite it while standing as this is considered a tircha. However, if possible one should pull the car over and recite it while seated. Yet, if this is difficult to do, one may recite Tefillas Haderech while the car is in motion. (Ishei Yisroel page 608)
  9. One only recites Tefillas Haderech once per day. Meaning, Tefillas Haderech covers the entire days’ travels. This is true even if one rested for a few hours during the day. Therefore, if one travels from Tel Aviv to Yerushalayim during the day with the intention of returning back to Tel Aviv at night, one only recites Tefillas Haderech once. (Kuntres Tefillas Haderech R’ Sroya D’Blitzky zt”l 13)
  10. Similarly, if one traveled from Tel Aviv to Yerushalayim for a few hours and intended (at the beginning of the trip) to continue from Yerushalayim to Chevron on that very day, one only recites Tefillas Haderech once. (ibid.)
  11. However, if one didn’t originally intend to have a second trip at all (e.g. He traveled from Tel Aviv to Yerushalayim with the intention of staying in Yerushalayim and then he subsequently decides to travel to Chevron), a second Tefillas Haderech is required before traveling to Chevron. (ibid.)
  12. Similarly, if one travels from Tel Aviv to Yerushalayim and intends (at the beginning of the trip) on sleeping in Yerushalayim and then changes his mind and decides to go back home to Tel Aviv that very day, he must recite Tefillas Haderech a second time on his way back home. (ibid.)
  13. If one takes an extended road trip that will last longer than a day, one recites Tefillas Haderech once each day.
  14. This is only true if one formally went to sleep that night (shinas keva). However, if one is driving through the night and he pulls over periodically to nap on the side of the road, one would not recite another Tefillas Haderech in the morning. (Ishei Yisroel 50:4) [One should try to recite Tefillas Haderech without the name of Hashem or recite it in the bracha of Shema Koleinu in Shemoneh Esrei- Halichos Shlomo end of ch. 21]
  15. The Shulchan Aruch writes that one only recites Tefillas Haderech when travelling “one parsa” beyond the outskirts of the city limits. According to the Mishnah Berurah and many authorities “a parsa” is defined by distance and therefore one recites Tefillas Haderech  if you will go at least 2.8 miles outside the inhabited area. However, Rav Ovadia Yosef zt”l (Yabia Omer 1:13) explains that “a parsa” is defined by time and one only recites Tefillas Haderech when travelling outside of the city limits for 72 minutes. The common custom (amongst Ashkenazim) is to follow the first view of the Mishnah Berurah.
  16. The “outskirts of the city” begins from the last house. As long as there is a dwelling located within 70 2/3 amos of the previous dwelling, it is still considered within the city limits, even if this situation extends for many miles and during that time one should still not say Tefilas Haderech.
  17. It is preferable to recite tefilas haderech during the first 2.8 miles after passing the outskirts of the city. If one forgot to do so, he still may recite it with the concluding bracha as long as he still has at least another 2.8 miles to the city of his destination. If the remaining distance is less than this, he recites tefilas haderech without the concluding bracha. (ibid.)
  18. If one feels that it is difficult to recite it immediately after leaving the city limits, you may b’dieved say Tefilat HaDerech as soon as you start your journey (when you leave your house or get in your car, etc.), even within the city. (M.B. 29) According to Rav Sroya D’Blitzky zt”l it is better to recite it within the city, than to recite it after the first 2.8 miles of the trip. Therefore, if there is a chance one will not say it within the first 2.8 miles, one should preferably recite it with in the city, when beginning his trip.
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When Tisha B’Av Falls On Shabbos

1) The final meal before Tisha B’Av is called the seuda hamafsekes and has special requirements. The purpose of the seuda hamafsekes is to experience sorrow and mourning for the destruction of the Beis Hamikdosh. (M.B. 552:1) Therefore, it is prohibited to eat meat or drink wine at this meal. (Although the custom is not to eat meat or drink wine during the Nine Days, during this meal it is prohibited and not merely a custom.)  In addition, one may eat only one type of cooked food, so that the meal should not be one of honor and pleasure. (S.A. 551:1 M.B. 11, 17) The custom is for the seuda hamafsekes to consist only of bread, cold hard-boiled eggs and water (Rama 552:5, M.B. 13).
2) When Tisha B’Av occurs on Shabbos  and is postponed until Sunday (as it does this year), the seuda hamafsekes (Shalosh Seudos) does not have the restrictions cited above. One may eat meat and drink wine and his meal may consist of many cooked dishes. (S.A. 552:10) Unlike other Shabbasim, however, he must stop eating before sunset. The mood during the meal should be somber and not joyous. (M.B. 24)
3) Learning Torah on Tisha B’Av is prohibited, except for those portions and topics which are relevant to Tisha B’Av and mourning. (S.A. 554:1) (I will try to discuss this in more detail in a future halacha)
4) There is a debate amongst the poskim whether one may learn Torah on Shabbos when Tisha B’Av occurs on Shabbos (and is postponed until Sunday). Many poskim maintain that on Shabbos after noon, one may only learn these portions and topics of Torah which are permitted on Tisha B’Av. (See Rama 553:2 and Netai Gavriel page 522) According to these poskim Pirkei Avos is not said. (M.B. 9) While some poskim hold that since eating meat and drinking wine is permissible, learning Torah is also permissible. The Taz concludes that one who conducts himself according to this lenient view (even after noon) is not acting in error. (M.B. 10)
5) When Tisha B’Av occurs on Shabbos and the fast is postponed until Motzei Shabbos, one may not prepare for Tisha B’Av on Shabbos. Therefore, one may not bring copies of Eicha, Kinos or stools to Shul on Shabbos. (Netai Gavriel page 533)
6) When Tisha B’Av occurs on Shabbos, the customary Havdallah is not said on Motzei Shabbos. Rather, on Motzei Shabbos after nightfall, the bracha of borei meorei haeish is said upon seeing candlelight. The bracha should be recited after Maariv before reading Eicha. However, if he forgot to say it before Eicha, he may say it any time during the night. The bracha over besamim is not recited. (See Halachos of the Three Weeks by Rav Shimon Eider page 17) [B”h in a future email we will discuss the laws of Havdala which is said after Tisha B’Av (Sunday night)]
7) The Gemara tells us that the Beis Hamikdash continued burning until sunset of the tenth of Av. Therefore, the restrictions of the Three Weeks and the Nine Days apply until noon of the tenth of Av. (M.B. 558:5) Therefore, one should not eat meat or drink wine until the noon after Tisha B’Av. Bathing, haircuts, washing clothes and music is also prohibit. (M.B. 2) [Regarding Havdallah, some permit drinking wine while others advise to use beer or chamar medina- for normative halacha, a rav should be consulted.]
8) Rav Shimon Eider zt”l (Halachos of the Three Weeks page 32) writes the following, “When Tisha B’Av falls on Shabbos and is postponed until Sunday [as is the case this year], eating meat and drinking wine is permissible Monday morning. On Sunday evening, however, it is prohibited … since the day was spent in mourning, it is not proper to assume conduct of simcha (i.e. eating meat and drinking wine) immediately after it is over. Bathing, washing clothing and haircuts are permissible Sunday evening. Music is not permitted until the morning.” Harav Gavriel Zinner shlit”a, however, permits music on Sunday evening as well. (Netai Gavriel page 553)

Removing Mezuzos When Moving Out

 

  • Upon moving out of a rental home, the renter may not remove his Mezuzahs from the doors. (Y.D. 291:2) The Gemara adds that doing so can r”l be dangerous to one’s families safety. This applies even if one plans to place the Mezuzos on the doors of his new home.
  • The Chida writes that it is assur even if the landlord is willing to replace the mezuzos immediately. (291:5, see Beer Moshe 3:181 for a lenient view)
  • Even if the house is to remain empty after he has moved out, it is still forbidden to remove the Mezuzos. (Sheilas Yaavatz 2:117)
  • When the renter leaves his Mezuzahs on the doors of the rented home, if he is particular on their cost, the second person [the next renter who moves in, or from the owner, if he is moving in] must pay him for the Mezuzahs. (Rama 291:2) However, even if the person that moved in refuses to pay for them, the renter may nevertheless still not remove the Mezuzahs. (Aruch Hashulchan 3)
  • Rav Henkin zt”l extends a heter. He rules that since one must remove the mezuzos before painting a room, if one knows that the house will be painted before the next tenant moves in, he may take them down before he leaves in anticipation of the painting. After the room is painted he need not replace them. (See Igros Moshe Y.D. 4:44)
  • If the house is to be rented to gentiles or was rented from gentiles, he is obligated to remove the Mezuzos. It is forbidden to give or sell a Mezuzah to a gentile out of concern that it not be mistreated. (S.A. and Rama 291:2)
  • If the landlord is a gentile, and one does not know if the next tenant is Jewish, he should take down the mezuzos and not leave them in the possession of a non-Jew. If the next tenant will be a Jew, however, he has not yet signed a lease agreement, the Mezuzah should be removed. If the next tenant signed a lease agreement it is unclear whether the mezuzos may be removed and a rabbi should be consulted. (Refer to Sefer Zichron Shoshana on Mezuzah page 165)
  • If the landlord is an Observant Jew and one is unsure if the next tenant will be a Jew or a gentile, one should tell the landlord to take charge of the Mezuzos and remove the Mezuzos if the next tenant is a gentile. This is preferable to removing the Mezuzos when one is unsure whether the next tenant will be Jewish.
  • Rav Ovadia Yosef zt”l (Halichos Olam vol. 7) writes that if those Mezuzos are very expensive and one doesn’t want to leave them there. He may take them down on 2 conditions: A) He must replace them with kosher Mezuzos, albeit less expensive ones. B) He should take down the expensive Mezuzos for the purpose of getting them checked by a sofer. After they are checked he may place them on his new home.

 

 

New Sefer Announcement- Sefer On Kiruv Volume 3

Hello, I am writing because I recently finished writing the third volume of my sefer on Kiruv, Umekareiv Biyamin (ומקרב בימין). The sefer (hardcover, 380 pages), just as volumes one and two, is a Hebrew hallachic work discussing some of the more common questions posed to Kiruv and Chinuch rabbanim.

Some topics discussed in this sefer include: changing the name of a baal teshuva, the issue of maaris ayin when sitting in a non-kosher restaurant, birthdays in halacha, trusting a baal teshuva who says that he is a kohen, cooking kosher food in a non-kosher oven, reciting sheva brachos when the chosson and kallah are not besulim  etc..

Here is a sample of the sefer- sample vol. 3.  I will iy”h begin printing over the next few weeks and I am writing to find out if there is interest in pre-ordering a copy. The reduced price for pre-orders will be at the reduced rate $11 plus shipping and handling. Of course no payment is needed until the sefer is printed and ready for shipping.

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Stirring Food On Shabbos

Stirring Food On Shabbos

  1. Stirring tends to accelerate the cooking process. Therefore, it is prohibited to stir a pot of partially cooked food or liquid. (S.A. 318:18)
  2. Similarly, covering a pot hastens the cooking process. Thus, one may not cover a pot of partially cooked food. Therefore, if one uncovered a pot of food (such as cholent) and one realizes that the food is not fully cooked, one may not replace its cover (S.A. 254:4), unless the food is fully cooked. (See The Shabbos Kitchen page 9)
  3. Stirring a partially cooked food is forbidden even if the food is off of the fire. (S.A. 252:1)
  4. Interestingly enough, this prohibition extend to fully cooked food as well. Accordingly, one may not stir any food, cooked or uncooked, while over the flame, even if the flame is covered by a blech. (See Shar Hatzion 318:148 citing the view of the Kol Bo) When the food is off of the fire, cooked food may be stirred. (See Rama and M.B. 117 and Igros Moshe O.C. 4:74)
  5. As cited above, one may not stir food that is on the fire, even if the food is fully cooked. The question is whether one may scoop food from the pot while still on the fire (dish out cholent) or is that considered stirring. The Mishnah Berurah writes that it is forbidden to do so. Therefore, one may not serve cholent directly from the pot if the pot is still on the fire. Rather, one must remove the pot from the fire and only then serve the food.
  6. If the fire is not covered with a blech, since if he would remove the pot he would not be permitted to return it to the fire, (or if the pot is too heavy to lift or move), removing food with a spoon or fork from a pot of food which has been cooked completely may be permissible. (See Chazon Ish on M.B. and Halachos of Shabbos page 282. For a dissenting view see Igros Moshe O.C. 4:71) For normative halacha, a rabbi should be consulted.

Lag B’Omer

A number of reasons are given for commemorating Lag B’Omer:
1. It commemorates the students of Rav Akiva who ceased dying during this day (Shelah, Pesachim 525).
2. This day is the yahrtzeit of Rabi Shimon bar Yochai, who revealed the inner secrets of the Torah (Chayei Adam Mo’adim 131:11).
3. This is the day that Rav Akiva granted ordination to his five students — among them Rabi Shimon bar Yochai (Pri Chadash OC 493).

Haircuts:
According to the opinion of the Shulchan Aruch one may not take haircuts or get married until the thirty-fourth day of the omer in the morning. The Rama feels that one may get a haircut on Lag B’Omer. The Rama explains that one must wait for Lag B’Omer morning (after Neitz Hachama) to get a haircut. According to the Rama one would not be allowed to get a haircut on the night of Lag B’Omer. However, the Mishnah Berurah cites authorities who permit getting a haircut on the night of Lag B’Omer. Harav Shlomo Zalman Auerbach zt”l is cited as explaining that the second view feels that since there are bonfires and parties that take place tonight one would likewise be permitted to shave. For normative halacha, a rav should be consulted.

As noted in a previous post, according to the Arizal shaving is not allowed even on Lag B’Omer.

Counting Sefira:

1) On the night of Lag BOmer (after sunset), one who has not yet counted the sefira of Lag BOmer should avoid telling someone else that “tonight is Lag BOmer“, since doing so may be considered counting the omer. (See Shulchan Aruch 489:4) Harav Ben Tzion Abba Shaul zt”l rules that if one did say those words, he may still recite the sefira with a bracha since the person is not intending to count the day, but is rather referring to the name of the day. (Ohr Litzion vol. 3 chapter 16:4)

2) Harav Yitzchak Yosef shlit”a cites the above ruling and he adds that if one forgot to count the Omer the entire night and day of Lag BOmer, however, he mentioned in passing that “today is Lag BOmer” (e.g. he corrected the chazan who began to recite Tachanun that “today is LagBOmer“) he may continue to recite Sefira the following nights with a bracha. Post facto we can consider the statement of “Today is Lag BOmer” as a fulfillment of counting the Omer to allow him to continue to count with a bracha on the following nights.

Kevarim:

1) It is well known that there is a custom to go to the Kever of Rav Shimon Ben Yochai (or Rashbi) on Lag BOmer. Some poskim write that if one is in America and unable to go to the Kever Rashbi, he should try to daven at the grave of other tzaddikim. (Netai Gavriel Pesach vol. 3 page 342)

2) The consensus of the poskim is that kohanim may not go to the graves of tzaddikim, such as Rashbi. And that although there are indications from a few midrashim that the graves of tzaddikim do not transmit tumah, this should not be relied upon for normative halacha. (See Pischei Teshuva Y.D. 372:2, Sdei Chemed vol. 9 page 65, Paas Hashulchan 2:18, Yechava Daas 4:58, Yaskil Avdi 8 page 192, Shaarei Halacha Uminhag 150, Halichos Shlomo Moadim Pesach page 366 and Minchas Asher Chukas.

Reciting Vayehi Noam This Motzei Shabbos

1) On Motzei Shabbos immediately following Shemoneh Esrei of Maariv we recite the Tefillah of Vayehi Noam. Whenever Pesach, or any Yom Tov, (which prohibits work) falls on a weekday the paragraph of Vayehi Noam which is normally said after Shabbos, is omitted. (Rama 295)
2) This year, Pesach takes place on Friday night. The question is whether one should recite Vayehi Noam on the previous Motzei Shabbos (after Shabbos Hagadol).  According to the Mishnah Berurah (295 Shaar Hatzion 5) one should recite Vayehi Noam. However, the custom of Yerushalayim (Vayitzchak Yikareh on M.B.) is not to recite Vayehi Noam this Motzei Shabbos, since Erev Pesach occurs on Friday and certain restrictions against work are in effect on Erev Pesach after Chatzos. This is also the view of Rav Moshe Feinstein zt”l (Shmatisah D’Moshe page 345). For normative Halacha a rabbi should be consulted.