The Bracha of גאל ישראל

1) The Gemara (Brachos 9b) tells us that one should connect Geulah to Shemoneh Esrei. Therefore, during Shachris we recite the bracha of Guol Yisrael [גאל ישראל] (Geulah) immediately prior to Shemoneh Esrei. One may not speak or even wait any amount of time between the bracha and Shemoneh Esrei. (M.B. 111:2)
2) There is a debate whether one (who is about to begin Shemoneh Esrei) may respond amen to the chazzan when he recites the bracha of Guol Yisrael. According to the Shulchan Aruch (66:7) one may not respond amen. While according to the Rama one may respond Amen. The Mishnah Berurah suggests that one should conclude the bracha with the chazzan in order to avoid reciting Amen according to all opinions. In addition, one can quickly begin Shemoneh Esrei while the chazzan is concluding the bracha in order to avoid answering Amen.
3) Many chazzanim conclude the the bracha of Guol Yisroel quietly so the the congregation cannot hear the end of the bracha and would therefore not answer Amen according to all authorities. There were rabbanim, including the Yesodei Yeshurun (vol. 1 page 284) and Harav Chaim Kanievsky shlit”a (Halichos Chaim page 38, Sheilas Rav page 212 and Ishei Yisroel 52) who endorsed this custom. However, Harav Yaakov Kamanetzky zt”l (Emes L’Yaakov page 43), Harav Shlomo Zalman Auerbach zt”l (Halichos Shlomo 7:18) and Harav Yosef Eliyahu Henkin zt”l (Gvuros Eliyahu 15, 19, 20) reject this custom and they rule that the bracha should be said out loud.

Hallel on Succos (2 Relevant Halachos)

1) On Succos we recite Hallel while holding the Lulav and Esrog and at different points of Hallel they are shaken. The poskim discuss the proper procedure in the event that one does not have a Lulav and Esrog in Shul. Does he (a) recite Hallel with the minyan and without the Lulav and Esrog and only afterwards take the daled minim, or (b) is it better for him to wait and recite the Hallel later b’yichidus (without the minyan) with the Lulav and Esrog. Harav Shmuel Kamanetzky shlit”a (Kovetz Halachos Succos page 372) maintains that one should recite Hallel with the minyan without the Lulav and Esrog (option a). However, Harav Gavriel Zinner shlit”a (Netai Gavriel Succos page 334) disagrees and he writes that it is better to recite Hallel with the Lulav even if that means reciting it without a minyan (option b). [See, however, Netai Gavriel on Daled Minim where he seems to agree with Harav Shmuel]
2) There are differences between those that pray Nusach Ashkenaz and those that pray Nusach Sefard as to when to shake the Lulav and Esrog in Hallel. Harav Shmuel Kamanetzky shlit”a (ibid. page 368) maintains that if one is praying in a shul that differs from his personal Nusach it is preferable to shake the Lulav and Esrog in accordance with the shul’s custom (and not his own). However, he concedes that the common custom seems to be that each person shakes them according to his personal custom regardless what shul he is in.

Tashlich

1) On the first afternoon of Rosh Hashana, after Mincha, it is customary to recite the Tashlich prayer at a body of water, preferably one that contains living fish. (Rama 583:2)
2) If it will be too difficult to go after Mincha, one may go before Mincha. (Mateh Efraim 598:7 and Netai Gavriel Rosh Hashana 69:1)
3) Harav Ovadia Yosef zt”l (Chazon Ovadia Yomim Noraim) explains that the reason for this custom is based on the Midrash which states, “When Avraham Avinu went with Yitzchak to Mount Moriah to offer him as a sacrifice, the Satan preceded them on the way and began to persuade Avraham against this and prevent him from fulfilling Hashem’s commandment. When the Satan saw that he was unsuccessful in persuading Avraham against sacrificing Yitzchak, the Satan went before them and turned into a large river so that they would not be able to cross. Nevertheless, Avraham and Yitzchak continued on their journey and entered the water until it reached their necks. Avraham Avinu then lifted his eyes heavenwards and exclaimed: ‘Master of the World! You have appeared to me and told me, Take Yitzchak, your only son whom you love, go to the land of the Moriah, and bring him there as an offering. I have not thought twice about this and I have not hindered your command. If we drown in this river, who will sanctify your great name? Save me G-d, for the water have reached my very soul!’ Immediately, Hashem castigated the Satan and he disappeared.” The Zohar states that Akedas Yitzchakoccurred on Rosh Hashanah; it is for this reason that the Torah portion read on Rosh Hashanah deals with Akedat Yitzchak. Similarly, it is for this reason that we customarily go to river or pond on Rosh Hashanah in order to recite Tashlich on Rosh Hashanah in order to commemorate the merits of Avraham and Yitzchak.
4) It is preferable to travel to the edge of the water. Yet, according to many authorities one may recite Tashlich when one can see the river, even if he is not standing at the edge of the water.

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)

6) If there is no river, lake, or pond in close proximity of one’s vicinity, it is permissible to recite the order of Tashlich upon a bucket of water or a running hose or faucet. (Ruling of Lubavitcher Rebbe zt”l cited in footnote of Shulchan Menachem vol. 3 page 107)
7) Women are not obligated to go to Tashlich. Yet, the common custom is for women to go. However, there were seforim (including Yalkut Yosef) that advised against women going. Therefore, a women should follow her custom.
8) One should not bring bread to Tashlich to feed the fish if he is recitingTashlich on Rosh Hashana. The reason being that one may not feed animals that he doesn’t own on Yom Tov. (Magen Avraham 583:5 as explained by the Machatzis Hashekel)
9) If one did not recite Tashlich on Rosh Hashana, it may be recited during the Ten Days of Repentance, or even until Hoshana Rabba. (See Netai Gavriel Rosh Hashana Chapter 69)

Kneeling On Rosh Hashana And Yom Kippur

1) On Rosh Hashana and Yom Kippur it is customary to kneel and bow one’s head to the ground during the tefillah of Aleinu.
It is biblically forbidden to prostrate with outstretched arms and legs on a stone floor. Chazal forbade complete prostration on all types of floors (carpeted etc.) and they forbade even kneeling (without outstretched limbs) on stone floors. (M.B. 131:40)
2) Therefore, if the shul has a stone floor one must cover the surface upon which he kneels. (Tomorrow we will iy”h discuss what are must one cover) (See Shulchan Aruch 131:8 and M.B. 40) There are some opinions who maintain that it is preferable to cover the floor no matter what material it is made of. This is the why the common custom is to cover the ground even if it is carpeted. (Mateh Efraim 621:14)
3) The poskim explain that a separation is required between one’s face and the ground, not a separation between the knees and the ground. (See Avnei Yashfei 2:7:5 and Netai Gavriel R.H. page 393)
4) When kneeling during davening on Rosh Hashanah and Yom Kippur one may use his tallis as a separation between his face and the floor. (Elya Rabba 131:14 and Shaar Hatzion 44. For further explanation see Avnei Yashfei 2:7:3)
5) Women are included in the prohibition of kneeling on the ground. Therefore, if a woman kneels on Rosh Hashana she must cover her face. (See Chinuch 349)
6) Some women have the custom to kneel and some do not. One should follow her custom. (See Rivevos Ephraim 3:421:2, Beis Avi 3:72 and Netai Gavriel Yom Kippur)

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.
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.

Naming A Child After Someone Who Was Not Observant

1) Our sages (see Brachos 7b) stress that the name of a person can affect his actions for the good or  G-d forbid for the worse, [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].
2) 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”. Rav Elimelech of Lischensk (Bamidbar) writesthat the name of a person is part of the deciding factor as to whether he will become a tzadik. He explains that it is predetermined, at the beginning of time, as to how many tzaddikim will be named Moshe or Shlomo (and the like). Therefore when a parent names a child Moshe (for example) he is tapping in to the righteousness of the original tzaddikim who shared that name, which effectively helps the child become virtuous in his own right.
3) It is currently customary to name after the child’s relatives (such as grandparents etc.) or great Tzadikkim (according to Ashkanazi tradition one should name only after the deceased, while many Sefardic Jews name after the living). The Sefer Mili D’Chasidusa (477) writes that naming after one’s parent or grandparent is a fulfillment of the obligation of kibbud av v’em, honoring one’s father and mother. A similar view was expressed by a student of Rav Nossan Adler zt”l, in the Sefer Rivam Shnaituch (Yoreh Deah 58). The reason being that (as stated above) when one names the child after a person he is connecting the child to his namesake,Therefore, by naming it after a grandfather (etc.) one is effectively saying “I wish my child would connect to the soul of my granfather and become like him”. This is obviously a great sign of honor.
4) Based upon the above teachings (that naming a child connects the child’s soul to whomever he is named after), it is quite obvious that one should not name a child after a rasha (wicked person), as this can affect the child in negative ways.

5) There are times where the only way to insure shalom bayis is by naming the baby after a relative who was not observant and the question arises as to whether this is permitted, The poskim offer possible heterim as to avoid any issue:
A- Rav Moshe Shternbuch Shlit”a (Teshuvos V’Hanhagos 2:50) explains that the child is only connected to his namesake regarding the mazal and middos of the deceased. The child is not connected to the actions of the departed. It seems to reason that one should be allowed to name the child after a non-observant Jew as long as he was a “good” person with excellent middos. In addition the poskim stress that most non-observant Jews cannot be classified as “wicked” because their actions are not meant to anger G-d, rather, they are due to lack of knowledge about Judaism and the Torah. They explain that these people are classified as “Tinok shenishba bein hanachrim”, a child lost amongst the nations.
B- Rav Shternbuch continues that if one alters the name of the child from that of the deceased, by adding a name, there would be no prohibition.
C- The poskim advise, that when the father says the name at the bris he should concentrate that the child is being named after the relative and after a tzaddik who shared said name. Therefore, if the name of the deceased was Yaakov, then the father should think that the child is being named after the family member and Yaakov Avinu, or any tzaddik named Yaakov (Mishneh Halachos 6:253, Yifai Nof 91, Teshuvos V’Hanhagos 2:501). Rabbi Moshe Weinberger Shlit”a added that if one forgot to do this during the bris one may be able to rectify this by calling the child (preferably daily or at least on Shabbos) using his full Hebrew name. And while speaking to the child he should concentrate on the tzaddik who shared this name.

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:

  1. 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).
  2. 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.
  3. 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)