Making a "לישב" On Only One Brownie?!

Rav Chaim Cohen

There is an interesting practice that takes place on Sukkos. Very often a person stops by his friend's sukkah and is offered a piece of cake or a brownie in order to make a bracha of לישב בסוכה.  This is a beautiful expression of hospitality, however we need to examine whether this is halachically correct. 

The Shulchan Aruch writes that a a person is only obligated to eat in a sukkah if he eats a כביצה or more of bread, or has an amount of mezonos that would be considered a meal (much more than a כביצה!). The Mishnah Berurah quotes poskim who dispute if a person can make a beracha if he eats an amount of mezonos which is more than a כביצה but less than the amount considered a meal. The Mishnah Berurah concludes that one CAN make a bracha in this case and he should also make sure to have כוונה on the actual sitting in the succah.

What is the halacha when one eats less than a כביצה of mezonos, such as one brownie or a small piece of cake.  This is a very common case, and seemingly the common practice is to make a beracha.  The explanation might be the following: 

There is a dispute if a person plans to be in a sukkah for an hour or two but doesn't plan on eating at all.  Can he make a bracha of לישב בסוכה? The Mishnah Brurah agrees to the opinion of the חיי אדם that allows a bracha to be made. 

In addition, the שער ציון says that the amount of כביצה is only needed for a person in his own sukkah, but when visiting a friend there is no assumption that he will receive a large portion of mezonos. 

Based on these two ideas we can suggest that really a person is really making the bracha on the actual sitting in the sukkah and doesn't really need to eat anything. However since the minhag is to make the bracha on food, it became the practice to take a little mezonos and make the bracha of לישב בסוכה. 

Accordingly, our custom is correct and a person can visit his friend's sukkah and make a bracha of לישב בסוכה even if he eats just a small amount of mezonos. (if a person can eat a כביצה of mezonos that would obviously be ideal).

Wishing everyone a chag sameach!

Halacha: Are Green Esrogim Valid?

Rav Aryeh Leibowitz

The Gemara records a dispute regarding the validity of an esrog that is “yarok like a leek.”  Although we normally assume the word “yarok” to mean green, תוספות demonstrates that Chazal understood the term “yarok” in different ways.  In many locations, “yarok” refers to a color that glistens, and is more correctly identified with yellowish gold.  There are a number of halakhic ramifications to the identification of “yarok” as yellowish gold and not green.  Examples include the laws of Nidah, Nega’im, and טריפות.  Additionally, this identification provides a new perspective on the Gemara in Rosh Hashana that describes Esther as having a “yarok” colored complexion. 

In regards to an Esrog, תוספות’s analysis suggests that the Gemara here says “yarok like a leek” to indicate that the color under discussion is green and not the regular “yarok,” which is yellowish gold. The Rambam, Rosh and Shulchan Aruch rule like R. Yehudah that an esrog that is “yarok like a leek” – green – is invalid. 

The Gemara seemingly concludes that the reason a green esrog is invalid is because it’s color indicates that it is not yet fully ripened, and did not grow enough time to be considered – according to Halacha –an esrog.  However, תוספות adds that even though the true color of an esrog is yellow, if a green esrog begins to turn to yellow after it has already been picked, it is considered valid.   Therefore, a light green esrog is valid, as it already contain a shade of yellow, and is no longer considered “yarok as a leek.”

   

Although there are dissenting opinion (most notably that of the Bach who invalidates an esrog that contains any green shade in its color), the standard opinion is to invalidate only a dark green esrog that has no signs of turning yellow (Shulchan Aruch 648:21).  It is possible, and acceptable according to halakha, for one to turn his green-esrog yellow by storing it with an apple.  However, care should be taken, because if an esrog is exposed to an apple for too long, the esrog will turn orange colored and the stem might fall off. 

Halacha: Kisui HaDam - Part 2

Rav Chaim Cohen

Last week we discussed the reasons and meaning behind the mitzvah of covering the blood of a bird or non-domesticated animal after it is slaughtered. This week I would like to analyze the mitzvah from a halachik perspective and to understand the relationship between the covering and the slaughtering. The Gemara tells us that because the two words of ושפך וכסה are in the same pasuk , we learn that the person who does the שחיטה should do the כיסוי. The obligation is incumbent on the שוחט and if another person preempts him then he needs to pay ten gold pieces to the שוחט. The question is how linked are these two activities and mitzvot.

There is a very interesting machloket brought in the Rosh in chulin concerning when to make the bracha on covering the blood. The בה"ג says that the שוחט should make the bracha after he finishes covering the blood. He explains that although most brachos are recited before we perform a mitzvah,this case is different and an exception. The reason we can't make the bracha before the covering is because we are in the middle of a mitzvah because the covering is the end of the slaughtering process. Therefore we can't interrupt the mitzvah in the middle so the bracha is said at the end.  The Rosh argues on the בה״ג and says that the bracha is made prior to covering the blood like by all other mitzvot.

A possible explanation of the machloket is that the בה״ג thinks that the pasuk linked together the covering and the slaughtering and they comprise one extended mitzvah. Therefore the bracha can only be made after the covering. The Rosh understands that although slaughtering is necessary to create the mitzvah of covering, they are still two separate actions and two mitzvot and therefore the bracha is made prior to the covering.

 Another halachik difference is whether a person can speak between the slaughtering and the covering. According to the בה״ג it would be prohibited but according to the Rosh it would be permitted.

Challenging question: according to the בה״ג that the two actions are part of one process, then why is there a bracha  at all on the covering. It would make sense that if the covering is the end of the process of slaughtering, that it should not require a separate bracha.  If anyone has an answer please let me know or add a comment below.

Halacha: Pesach Sheni - Hoping for the Mikdash (A Halachic Discussion)

Rav Turetsky

Those unable to bring a Karban Pesach on Pesach are able to do so on Pesach Sheni.[1] Absent a Mikdash, many of the Halachot of Pesach Sheni are not relevant nowadays. While there are certain halachic questions with contemporary relevance – such as whether Tachanun should be recited - many Poskim deal with an interesting question that unfortunately is not relevant now, but we hope will be soon.

If the Beit HaMikdash would be built in between Pesach and Pesach Sheni, would the Jewish people be able to offer a Karban Pesach?

Three Approaches emerge within the Poskim.[2]

1. Many Poskim, including Rav Herzog (Shut Heichel Yitzchak O.C. no. 53), note a Yerushalmi (Pesachim 9:1), in which Rebbe Yehuda and Chachamim appear to argue about this question. They maintain that we follow the opinion of the Chachamim that we would not be allowed to offer such a Karban. This is because of the general rule that we follow the Chachamim over individuals.[3] Additional support for this view is based on the Gemara’s comment (Pesachim 66b) that only individuals can have their opportunity to offer a Karban Pesach delayed until Pesach Sheni. The Tzibbur’s (community’s) offering of the Karban cannot be delayed from the first Pesach until Pesach Sheni. As such, the Jewish people would not be allowed to offer their Karban in such a case.

2. Other Poskim maintain one would be able to offer the Karban Pesach. The Minchat Chinuch (Mitzvah 380) and Lubavitcher Rebbe (Likkutei Sichot 12: pg. 216) each explain why that is so given the Talmud’s statement that only individuals can be pushed off to Pesach Sheni. Though they do so for different reasons, they offer a distinction between the classical case where the majority of people came  to Yerushalayim to offer a Karban but were unable to for Halakhic reasons and our case in which we were unable to offer a Karban for more technical reasons.

3. A third view is that of Mesech Chachmah (Pinchas 28:16). According to his reading of the Pesukim, there would be a unique occurrence if the Mikdash would be built in between Pesach and Pesach Sheni. Typically, Pesach Sheni does not require one to remove Chametz from the home, and there is no independent requirement to eat Matzah.[4] However, he suggests that if the Mikdash would be built in between the two Pesachs, we would even be required to have an entire seven day Yom Tov of Pesach following Pesach Sheni.

May we be Zoche for this question to be Limayseh!

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[1] For a discussion about the nature of the day/the various people able to offer Karbanot on Pesach Sheni, see Rav Rosensweig’s article in Ohr HaMizrach (ניסן תשע"ה).

[2] A nice summary of this topic is found in Yemot HaMashiach BiHalacha Vol. 2., No 26.

This brief post focuses on the fundamental opinions. There may still be a variety of additional halachic questions that would need to be dealt with, such as how long it will take to become pure, how the Mikdash would be built etc… Those are beyond the scope of this brief overview.

[3] There is much discussion whether the normal Klalei HaPesak apply to Halachot relevant to the time of Mashiach. See Shut Maharik (no. 165) and Peticha to Yemot HaMashiach BiHalacha Vol. 2, 3-20.  

[4] See Mishna Pesachim 95a and Shut Chatam Sofer 1:140).

Halacha: Preparing for Shabbat vs. Learning Torah

Rav Turetsky

The Ben Yehoyadah (Brachot 63a) describes the incredible power of learning Torah on Erev Shabbat. It is specifically when few people are learning that Torah study is especially valued.[1]

Rama (O.C. 251:2), though, writes based on the Talmud Yerushalmi that one should learn less on Erev Shabbat in order to have more time to prepare for Shabbat.[2] For that reason, Mishna Berurah (ad loc:8) writes that the practice in some places is to avoid establishing Yeshiva on Fridays.

The Poskim note several exceptions to Rama’s ruling.

1. Mishna Berurah (ad loc:9) writes that if someone else is already tending to your Shabbat needs, such as the case with a housekeeper, one could continue learning as usual. Similarly, he writes that one could continue learning if Shabbat preparations were already completed on Thursday.[3]
2. Mishna Berurah (ad loc:8) quotes Seder HaYom that permits one to learn if he is either teaching others or if the learning is limited to a specific amount.[4] In such a case, there’s little concern one will learn so long that he will be unable to prepare for Shabbat. 

Despite these possible exceptions, Mishna Berurah (ibid) writes that one should make sure to engage in some form of active preparation for Shabbat.[5] This is based on the Talmud’s comment (Kiddushin 41a) that it is better to do a mitzvah oneself than fulfill it through a messenger. As indicated by the Talmud and confirmed by Mishna Berurah (250:4), even great Torah scholars would involve themselves in certain Shabbat preparations.[6]

May we be Zoche to effectively prepare for Shabbat!

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[1] See, as well, Rav Moshe Tzuriel (Otzrot HaMussar 2:802).

[2] Biur Halacha (ad loc) notes that Yerushalmi may not be a relevant source for Rama’s ruling. Still, he writes that Rama is correct that one should learn less on Erev Shabbat to have more time to prepare for Shabbat.

[3] See our previous blog post regarding Shabbat preparations on Friday.

[4] See inside regarding learning Shnayim Mikra.

[5] Shemirat Shabbat KiHilchata (42: note 195) cites Rav Shlomo Zalman Aurebach that while one should ideally do a lot to prepare for Shabbat, one who is learning or performing other mitzvot should perform at least one action for Shabbat.

[6] See Biur Halacha (250) for several relevant discussions.

Halacha: Care for a Drink?

Rav Cohen

I recently attended two different bar mitzvahs where I saw a new minhag. During Kriyas hatorah the bar mitzvah boy was drinking a bottle of water in order to clear his throat and strengthen his voice. 

Being that this took place before kiddush, I wondered: Is this permitted?  

There are two issues that we need to clarify: 

1. When does the obligation of kiddush shabbos morning begin?
2. Is there a prohibition of drinking water before kiddush in the morning?

The Shulchan Aruch in Siman 289 says that there is a prohibition to eat or drink anything, including water, before a person makes kiddush in the morning. However, in Siman 286 he says that although it is prohibited to eat a meal before Mussaf, one may "taste" food before Mussaf, i.e. eat fruit or bread in an amount less then a ke-betizah.  The Mishnah Brurah explains that this allowance to "taste" food before Mussaf is only applicable to one who makes kiddush after Shacharis. The Mishna Berura's ruling is based on the opinion of the Bach and Magen Avraham that the obligation for kiddush begins after Shacharis. According to this understanding the only way for the bar mitzvah boy to drink water would be if he would make kiddush prior to Kriyas Hatorah .

There are two important opinions that could possibly be used to explain this practice of eating without first saying kiddush.  

1. The first is expressed by Rabbenu Dovid, the Meiri and the Raavad.  They are of the opinion that there is no special significance to kiddush shabbos morning and therefore there is no prohibition to eat or drink before kiddush in the morning. They claim that the cup of wine and bracha are just to make the meal more important, but that don't create an actual prohibition.
2. In addition there is the opinion of the Maharshal (and other achronim) who argue with the Magen Avraham.  According to them the obligation for kiddush only begins after Mussaf, and therefore one would be able to drink water after Shachris just like it is permitted before davening.

These two opinions are relied upon to permit a weak person to eat after Shacharis, even without kiddush, when wine is unavailable.  Similarly, Rav Ovadiah Yosef (Yabiah Omer V) permits a Ba'al Koreh who will be reading in a few shuls on shabbos morning, to drink water without kiddush.

In conclusion, the opinion of the Mishna Berura is that a a bar mitzvah boy should make kiddush first if he wants to drink water during leining.  However, there are opinions to rely upon that  allow drinking in certain cases even before making kiddush.

Halacha: When Should You Start Preparing for Shabbat?

Rav Turetsky

It often takes a lot of time to prepare for Shabbat. With the clock now changed and our Fridays busier, what follows is a brief review of some important halachot regarding when one should ideally begin one’s Shabbat preparations.[1]

The Talmud in Beitzah (16a) writes that Shamai would begin his Shabbat preparations early in the week. If he found meat to eat in the beginning of the week, he would designate it for Shabbat. Only upon finding better food to set aside for Shabbat would he eat the original piece. Hillel acted differently. Because of his trust in Hashem, he would always wait until closer to Shabbat to purchase his Shabbat food. Mishna Berurah (250:2) notes that many Poskim understand that even Hillel fundamentally agrees to Shamai. Hillel had a very high level of trust in Hashem, which enabled him to have confidence quality food would be available later. For others, though, it would be appropriate to follow Shamai and begin preparing for Shabbat much earlier in the week.[2]

Traveling on Erev Shabbat: How Early Must You Leave?

Rav  Turetsky

Are there halachic limitations as to how far one is allowed to travel on Erev Shabbat? Similarly, must one ideally reach his or her destination by a particular time?

Shulchan Aruch (O.C. 291:1) writes that one should not travel more than 3 parsaot on Erev Shabbat[1], which Mishna Berurah (ad loc:1) explains is a distance that would take around a third of the day to travel by foot. He further explains (ad loc:3) that the reason for this halacha is a concern that one’s hosts did not anticipate the arrival of an additional guest and thus did not prepare Shabbat food for him[2].