Responsibility Towards Others

Based on a Naaleh.com shiur by Rabbi Michael Taubes

In Parshat Bechukotai, the Torah tells of the disasters that will befall the Jewish people if they fail to observe the laws of the Torah properly. It says that people will panic and trip over each other. The Gemara in Sanhedrin comments on this phrase, one Jew will trip over the sins of his brother. “Melamed shekol yisrael areivim zeh lazeh.” This teaches us that each Jew is responsible for another.

In Parshat Nitzavim it says, “Hanistarot l’Hashem Elokeinu v’haniglot lanu u’levanenu.” The hidden things are in Hashem‘s domain, but that which is revealed is for us and our children.” The Torah tells us that if Jews won’t observe the mitzvot, the whole community will be punished. Rashi asks, how can one person be held responsible for what another thinks? He answers, that which is hidden is not our obligation. However, we have responsibility to stop that which we have the power to stop.

There is a dot on top of the words lanu u’levanenu to teach us that our obligation to another Jew didn’t go into effect immediately. It only began when the Jews entered Israel with the covenant that was made at Har Grizim and Har Avel.

The Mishna in Rosh Hashana takes the concept of arvut further. You can perform a mitzvah on behalf of someone else, provided you are also obligated in the mitzvah. Therefore, a cheiresh (deaf mute), a shota (a deranged person), and a katan (a minor) cannot perform a mitzvah for others.

The Gemara says, even if one has already discharged his obligation he can still perform the mitzvah for someone else. Rashi explains that this is because of the rule of “Kol yisrael areivim zeh ba’zeh.” However, this does not apply to birchat hanehenin (blessings on food and pleasant smells) because the concept of arvut is only for a mitzvah that one has a responsibility to fulfill. Eating is an optional activity.

Rava asks, can you be motzi someone (fulfill someone’s obligation) with a blessing on food, when there is an obligation to eat? For example, can one person recite a blessing for someone else when eating matzah at the seder? The Rambam answers that you can. The Shulchan Aruch rules that one can recite Kiddush for others, even if one will not be eating the meal together with them. However, to be motzi someone with Hamotzi, one must eat some of the bread too.

Does the concept of arvut apply to a biblical mitzvah or to a rabbinical mitzvah or to both? The Tzlach writes in his commentary on Gemara that it only applies to biblical mitzvot. He brings proof from the Gemara in Sota that the law of arvut only took affect at Har Grizim and Har Avel. Tosfot comments that that they took upon themselves the 613 biblical mitzvot. The Tzlach infers that since at the time that arvut was introduced they only took upon themselves the biblical mitzvoth it does not apply to rabbinic mitzvot.

He brings another proof from the Rambam, who rules that if an arev did not specify an amount the arevut is worthless. He points out that while there’s a fixed body of 613 mitzvoth in the Torah there is no set amount of Rabbinic laws. Therefore, arvut does not apply there.

The Chida, the Birkei Yosef, and the Ktav Sofer disagree and maintain that the principle of arvut does apply to rabbinic mitzvot. In fact the Shaagat Aryeh says that the rule of arvut only applies to mitzvot d’rabbanun and not to d’oraysa.

How does the halachic mechanism of arvut work? Although one has already discharged his obligation, since there is another Jew who needs help, it is as if one has not fulfilled his complete obligation yet. The Chikrei Lev explains that when you do a mitzvah for someone else you connect to the person on such a deep level that in a sense his obligation becomes your obligation. According to Rav Akiva Eiger, the maximum you can do is what you were originally obligated. According to the Chikrei Lev, one’s level of obligation is irrelevant, as arvut applies in whatever way the person needs that connection.

Shabbat Scenarios: Sewing Science-Tofer/Koreah Part II

Based on a Naaleh.com shiur by Rabbi Shimon Isaacson

In order to violate the Torah prohibition of Koreah, tearing, one must do so for the sake of Tofer, sewing. This law is derived from the times of the Mishkan. Moths would eat circular holes into the curtains. These holes were hard to mend. They needed to be torn into a kind of line to be sewn up. This is an example of destructive action that is transformed into constructive action. Most poskim agree that tearing for a constructive purpose, although not for the sake of Tofer, is still a Torah prohibition of Koreah.

·Tearing open the sewn-up pocket of a new garment is prohibited on Shabbat.

·According to the Mishna Berura, one may not slit a sealed envelope open on Shabbat.

·Ripping paper towels, garbage bags, or toilet paper from a roll involves not only Tofer, but also Mechatech, cutting to a specific size. The accepted custom is to use pre-cut bags and tissues on Shabbat. In a situation involving human dignity, rabbinic prohibitions are waived. Therefore, tearing toilet paper with a shinui (in an unusual manner), is permissible when there are no other options, as long as it is not torn on the perforated lines.

·Opening food packages in a destructive way (being careful not to tear any printed letters) is permitted on Shabbat.

·Opening the tab on a closed cereal box is both Mechatech and Koreah. The box should be opened at the side or from another area which does not involve ungluing or tearing the perforation. The best solution would be to open it before Shabbat.

·One may not separate the pages of a new book on Shabbat. This involves Koreah in addition to Makeh B’patish.

Reheating Food on Shabbat

Based on a Naaleh.com shiur by Rabbi Shimon Isaacson

Chazal forbade putting fully cooked food on the fire on Shabbat because one could come to stoke the coals. Additionally it is mechzi k’mevashel, it appears as if one is cooking. However, if one satisfies five requirements, then bishul becomes chazara and is permitted l’chatchila.

 

The five conditions are,

1.      the flame must be covered,

2.      the food must be fully cooked,

3.      it must still be warm,

4.      one may not release one’s hold on the pot, and

5.      one must have intention to return the pot to the fire.

 

Two issues arise with reheating food on Shabbat. The food is no longer warm and it is no longer in hand. The Magen Avraham explains that chazara is permitted because it is a continuation of the original act of putting the food on the fire, rather than an initial placement on the flame. The first three conditions create this distinction. Therefore, the Mishna Berura rules that bdi’eved if one does not have one of the last two conditions one may still do chazara.

 

The Biur Hagra notes a disagreement between Rashi and the Rosh whether the rule of ein bishul achar bishul (cooked foods cannot be recooked) applies only to solid foods or also to liquids. The Rambam holds that it applies equally to both. The Rama takes a middle position and rules that a dry food with liquid gravy may be placed near the fire, but a liquid is prohibited. The Shulchan Aruch rules like Rashi who holds that yesh bishul achar bishul b’davar lach (cooked liquids can be recooked – and therefore, it is asur to do so on Shabat).  The Rama notes that the custom is to be lenient and one may return liquid to the fire as long it did not cool down completely. It seems like the requirement of it not cooling down does not belong to the trilogy distinction between chazara and mechzi k’mevashel. The Gra and the Rama maintain that putting cold cooked liquid back on the fire may be a prohibition of bishul d’oraita. Rashi and the Shulchan Aruch hold that this requirement pertains to chazara. According to the Magen Avraham, the condition of lo nitzanzen (not having cooled down) applies equally to liquids and dry foods. The Gra maintains that it only pertains to liquids.

 

According to the Ran as quoted by the Rama, all five requirements of chazara only apply if one took the food off the fire before Shabbat. Therefore, if the pot was on the flame when Shabbat began and you served from it on Friday night and then put it down, you could still return it to the stove if it did not fully cool down.

 

The Mishna Berura says there is a basis for this leniency but it is better to be stringent as many poskim disagree. The Shulchan Aruch writes that it is permitted to rewarm dry food on top of a pot filled with food, since it is not a normal way of cooking.

 

A “kediera” blech is a wide pot filled with water. Some maintain that you can put food on top of this and some say since it does not contain food, it is has the din of a regular blech and has not solved the problem.

 

The Shulchan Aruch notes that warming food near a fire is permissible because it is not actually putting the pot on the flame. If the food will not reach yad soledet (boiling point) it is permitted.

 

Can one do chazara by putting food back in an oven on Shabbat? Rav Moshe Feinstein held that to satisfy all five requirements of chazara one would need to use an oven insert to conceal the heating source. Rav Aharon Kotler ruled leniently as long as the knobs are covered.

 

Does a hotplate have the same din as a stove? Rav Moshe maintained that if one cannot cook on it and it only has one setting one may do chazara. Rav Elyashiv rules stringently against this. One can place an oven rack to make a hefsek kedeirah on a hotplate and then put food on it to rewarm. Differing circumstances and situations may vary. Therefore, all questions should be addressed to a competent Rav for a final decision.

Eating Before Davening

Based on a Naaleh.com shiur by Rabbi Ari Jacobson

The Gemara teaches us, based on the verse in Vayikra, “Lo tochlu al hadam,” that one may not eat or drink before Shacharit. The Kitzur Shulchan Aruch writes that one who does eat is referred to in the verse, “You have cast me behind your back.”   In Hebrew, the word gabecha (back) can be interchangeably read as geyecha (arrogance). Tending to one’s own physical needs prior to acknowledging the source of one’s sustenance is haughtiness in one of its highest forms.

 

The accepted ruling in the Shulchan Aruch is that one may drink water before praying. Similarly, someone who is very weak and will be unable to have minimal concentration may eat before davening. However, at the very least, one should recite birkot hashachar beforehand. The majority of halachic opinions permit drinking coffee or tea if a person needs it to concentrate in prayer. The Mishna Berura prohibits adding milk or sugar as one may only drink what is minimally necessary. However, Rav Shlomo Zalman Auerbach writes that in our times when most people can afford milk and sugar and are generally accustomed to it daily, it is permitted. Going beyond this and having a cappuccino or a double vanilla shake is prohibited.  The Kitzur writes further that someone who is old or weak and cannot wait till the end of davening on Shabbat and Yom Tov, when the prayers are lengthy, should daven Shacharit at home, make kiddush and eat something, and then go to shul for Mussaf.

 

How do these halachot apply to women? The Mishna writes that women are obligated to pray because they need Hashem’s mercy too.  The Rambam holds that the Torah obligation of tefilah is to pray once a day in any language as long as it includes praise, supplication, and thanks.  The specific text and times are d’rabanan. The Ramban disagrees and states that tefilah on a daily basis is completely d’rabanan. Only in times of distress does prayer becomes a Torah obligation.

The Magen Avraham notes that women in ancient times who would pray a tefillah in their own language were relying on the Rambam. Some modern day poskim continue to argue that women can fulfill their obligation with a short prayer that includes praise, supplication, and thanks. Others say that they must recite the Shemonei Esrei of Shachrit and Mincha daily. The consensus among all poskim is that women are exempt from Maariv because this was originally voluntary for men.

 

Rav Shlomo Zalman rules that the halachot of eating before davening apply equally to women.  Therefore, a woman must pray before eating unless she is weak or infirm, in which case a man would be exempt too. On Shabbat, a woman should daven whatever prayers she is accustomed to praying and then make Kiddush.

 

Many times, women who are busy with their family may make it to shul late on Shabbat. If a woman arrives when the tzibbur is already davening Mussaf, she should daven Shacharit first. Rav Akiva Eiger writes that women may be exempt from Mussaf. This is because even though Shacharit and Mincha have an element of sacrificial services, they are mainly an expression of compassion.  However, Mussaf strictly corresponds to sacrifices. Since women did not contribute to the half shekel and did not participate in the sacrifices, there is a machloket whether they are obligated to pray Mussaf at all. Therefore, for women, Shachrit takes precedence over Mussaf.

Contemporary Halacha-Meat & Fish

Based on a Naaleh.com shiur by Rabbi Michael Taubes

Rav Kana taught that if one bakes bread in an oven with roasted meat, one cannot eat this bread with dairy. Further on the Gemara  in Pesachim writes that Rava B’Parziska prohibited consuming fish that had been roasted in an oven with meat, together with dairy. Mar B’rav Ashi  adds that one should not even eat the fish itself because it causes bad breath and tzoraat.

The Shulchan Aruch develops this halacha further and writes that not only may one not eat fish roasted in an oven with meat, but one should refrain from eating fish and meat altogether. The Rema notes that b’dieved if one already cooked fish and meat together it is permitted. This is corroborated by the Shach. The Beer Sheva disagrees and rules that even b’dieved one may not eat it since this is a question of danger. The Chasam Sofer notes that the Rambam did not cite this din at all. He postulates that the case mentioned in Gemara may have referred to a particular fish, or that human nature has changed since ancient times and the danger referred to no longer exists. Nevertheless the Chasam Sofer rules that “Minhag avoseinu k’din“-the customs of our forefathers are like law and therefore we do not mix fish with meat.  However we cannot say that the laws of meat and fish are stricter than the laws of meat and dairy.

The Shulchan Aruch writes further that one should wash ones hands and eat something to wash out ones mouth between fish and meat because it can lead to tzoraat, and “Sakanta chamura m’issura“-Matters of danger are more stringent than prohibitions.  The Magen Avraham disagrees and notes that we find many examples in Gemara where Chazal tells us about dangers which are not found today. This is because our natures have changed and we dwell in different lands. Therefore there is room to be more lenient here. The Mishna Berura rules that we follow the Rema who holds that one does not need to wash ones hands between fish and meat. The Rema writes that fish and meat are only a problem when they are cooked together however it is still better to eat or drink something in between courses. The widespread practice in Klal Yisrael during the Shabbat meal is to drink liquor between fish and meat.

Chazal categorized poultry the same way as meat with regard to the laws of meat and dairy. Therefore the halacha would be the same in regard to fish and meat too. Some Sefardic Poskim prohibit consuming fish with dairy. Rav Akiva Eiger notes that there is a practice to refrain from drinking water after fish because that too is a danger. Indeed as noted, the custom is to drink schnapps. Perhaps the minhag to say L’chaim after drinking an alcoholic beverage stems from this idea.

Living a Torah life means living a measured, focused, existence. There is meaning and purpose behind everything we do.  May our studying and knowing the halachot well help us reach our ultimate purpose.