Thursday, August 2, 2012

Issur V'Heter: Hot meat falling onto fish plate

The following shailo was asked. A hot piece of meat (taken from a cholent pot) fell onto a plate that had in it techina, some other liquid and pieces of fish (it was a 'used' fish plate from the seudah.) The person doesn't know where the meat touched on the plate exactly. As well, the meat was more or less removed right away from the plate. What's the din?

I discussed this with a number of poskim and Talmidei Chachamim. Teshuvas varied from ossur completely, need to take off a "klipah", and muter completely.

If anyone has any thoughts please post. Perhaps at a later time I will post the cheshbonos that were made for all of the psakim in this shailo.

Saturday, July 14, 2012

Choshen Mishpat: Giving work to daughter

This question came to the Beis Horah last week:

Someone who is magia seforim takes (lets say for example) 100 shekels to do a cerain job. He however decided to get the job to his daughter to do instead (who does just as good a job of him) however without the knowledge of the one who gave over the sefer. He pays his daughter 80 shekels and keeps the other 20 shekels for himself. Is there any shailo in this? If this is a problem to where can one find a source in Shulchan Aruch or Poskim?

Tuesday, July 10, 2012

Shailo in Parshiyos of Tefillin Shel Rosh

I have posted a shailo by the STaM forum in regards to writing the Parshiyos of the Tefillin Shel Rosh on one piece of klaf then separating the klaf.
See here for the post.

Sunday, July 8, 2012

Choshen Mishpat: Parents not paying Rent

The following shailo came to the Beis Horah recently.
One set of parents of a young couple rented an apartment for them. They signed on the contract for the apartment and agreed to pay the rent every month -- however it would be the young couple living there. After a number of months the Parents stopped paying the rent. Can the landlord be tove'ah the young couple in order to get the money? Or does it only go on the parents since they signed the contract and agreed to be the ones to pay the money. It was paskened that the landlord can be tove'ah the couple. However I still would like to be m'ayin into this more and find a clear re'ah (one way or the other.) If anyone has any thoughts, please comment!

Tumas Leidah after Ectopic Pregnancy

Returning to an issue previously discussed here in regards to a Ectopic Pregnancy. Another shailo was raised in regards to "Tumas Leidah" after the vlad is removed by a Ectopic pregnancy. Normally by a c-section if there is dam that comes out from the isha she is tameh tumas leidah (See the end of YD Siman 194.) The nafka minah being if it's a girl she cannot go to the mikveh for sure until after 2 weeks. In this case of an Ectopic pregnancy what's the din then if the vlad is removed and can either be seen that it's a girl or there is a sofek. Is there tumas leidah and the isha must wait until after 2 weeks to go tot he mikveh (of course with counting 7 nekiem as well -- which could be within the 2 weeks after the removal of the vlad. Of course this shailo is also addressed in the Sefer Nishmas Avraham (See here.) L'maseh he quotes R' Shlomo Zalman Aurbach (and others) that there is no "tumas leidah" in such a situation. See there.

Tuesday, July 3, 2012

Inviation to Wedding of "Mixed marriage"

Someone (a Bal Teshuva) received an invitation to the wedding of a close relative. Unfortunately the wedding is with Jewish man and a non-Jewish woman. If the relative doesn't respond the one getting married will certainly feel hurt and understand something is going on. On the other hand perhaps there is a problem of saying to him "Mazel Tov, B'Shah Tovah U'Matzlachas!" What is the best thing to do and or say in this situation?

This question was posed to many Rabbonim and came with a variety of answers. I was surprised to some extent that Rabbonim said that no response was given and simply to cut off the connection that these 2 relatives have with one another. The most response I heard that made the most sense was that the frum relative should wish the not frum one, "You should merit to build a Jewish Home!". This way somewhat avoiding the difficult issue of approving the marriage and at the same time, giving a nice blessing to this person with somewhat of a hint as to what he really feels. If anyone has what to share on this, please do so and leave a comment! 

Pidyon HaBen after Ectopic Pregnancy

Before the shailo I'll give a short introduction (based on what I saw on Wikipedia -- click the word for the link) on what a Ectopic Pregnancy (in Modern Hebrew, "הריון חוץ רחמי") is.
This is where the vlad is conceived outside of the rechem either in the Fallopian tubes, cervix, ovaries or abdomen of the isha.

An interesting shailo was asked by the Beis Horah today. What's the din by an isha that had an Ectopic Pregnancy  and the vlad was removed from her guf through a certain procedure. If this was her first pregnancy and after this she become pregnant again and gave birth normally to a baby boy, what's the din in regards to Pidyon HaBen? Does the first pregnancy make it that a Pidyon HaBen cannot be made now?

This shailo is of course discussed in the Sefer Nishmas Avraham (see here). He brings there from the Shevat HaLevi that a Pidyon HaBen can yes be made for the baby boy born after this first pregnancy. See here for the Shevat HaLevi inside (Chelek 8 Siman 239).

Sunday, July 1, 2012

Talmidim Part 1

I'd like to highlight in a few posts (starting with this one) the "role" so to speak of a Talmid or the relationship that we find in many places (Chazal, Rishonim, Achronim, etc.) between a Rebbe and Talmid.

 See the following from the Gemorah in Taanis (7a):
אמר רב נחמן בר יצחק למה נמשלו דברי תורה כעץ שנאמר עץ חיים היא למחזיקים בה
לומר לך מה עץ קטן מדליק את הגדול אף תלמידי חכמים קטנים מחדדים את הגדולים 
והיינו דאמר ר' חנינא הרבה למדתי מרבותי 
ומחבירי יותר מרבותי ומתלמידי יותר מכולן
ופירוש רש"י שם ד"ה "קטנים מחדדין", ששואלין כל שעה.

Shailo of a Reish with small dot

I posted a shailo on the STaM Forum with a picture of a Mezuzah that one of the Reish's has in it a small dot  (turning it into a possible Hei.) The shailo came to the Beis Horah this morning -- the psak was pasul. The Sofer very nicely agreed to let me keep it.
The picture is below, the last word in Shema, "ובשעריך".
Follow the discussion here at the STaM Forum.

Monday, June 25, 2012

What is a Talmud Chacham?

Rashi says!

The gemorah in Brachos Daf 4b-5a:

 א"ר יהושע בן לוי אע"פ שקרא אדם ק"ש בביהכ"נ מצוה לקרותו על מטתו
 אמר רבי יוסי מאי קרא רגזו ואל תחטאו אמרו בלבבכם על משכבכם ודומו סלה
 אמר רב נחמן אם תלמיד חכם הוא אין צריך 

ואם תלמיד חכם הוא. שרגיל במשנתו לחזור על גרסתו תמיד דיו בכך

The p'shat in the gemorah is that since he is a Talmud Chacham and has the 'shmirah' of his Torah he doesn't need to lein Krias Shema before going to bed. Although we see in this how Rashi describes a Talmud Chacham....שרגיל במשנתו לחזור על גרסתו תמיד

Update (July 3rd 2012): See a response to my post at the Parsha Blog, Here.

Standing up for Nach

I have posted a shailo by the STaM forum in regards to if one has to stand for Nach that was written on Klaf (just like one has to stand for a Sefer Torah.)
See here for the post.

Thursday, June 21, 2012

Matnas Cahunah

The shailo was asked recently if a Cohen is makiyum a mitzvah when he is makabel matnas Cahunah (specifically in regards to Pidyon HaBen and Pidyon Peter Chomer.) After a little searching I found that the Chasam Sofer (!) speaks about this. It was quite interesting since I didn't see this brought down in any recent seforim and upon asking Chochamim this shailo this mareh makom was apparently not known. If anyone knows any seforim that bring down this Chasam Sofer (aside from what is mentioned in Likutei Ha'Aros) please let me know!

The Chasam Sofer can be found here in Yoreh Deah Siman 292.

He writes the following,

כבר ראו עיניו במ"ש פר"ח בי"ד סי' ס"א סקי"ג דיוצא ידי נתינת
 מתנת כהונה לזכות לכהן ע"י שלוחו בידיעת הכהן
ורצונו וראייתו מסעי' י"ד שם ברורה אלא שכ' עפ"י ספרי
 דבלא ידיעת הכהן לא יזכה ע"י שליח ולא ביאר טעם
...הדבר וטעמו פשוט כי גם כהן המקבל מתנת כהונה עשה מצוה בקבלתו

After finding such  a Chasam Sofer the next place to look is in the Sefer Likutei Ha'Aros. The volume which this Teshuva appears is in Crach Daled. However this volume is not available on Hebrew Books. L'maseh over there he brings many achronim that argued on the Chasam Sofer. However as well he brings re'as for the Chasam Sofer. He points out that in Teshuvas Chasam Sofer Orach Chaim Siman 49 (See here) he writes the same thing. However perhaps there is a stira to all of this what what he writes in a Teshuva in Yoreh Deah Siman 299 (See here -- In the Teshuva in YD Siman 299 he writes that if the Avi HaBen is the one making the Shechayanu then it's considered to be a "Bircas HaMitzvas" if the Cohen is the one making it then it's considered a "Bircas HaNenin".) All of this is discussed in Likutei Ha'Aros. 

One very nice thing he brings down in Likutei Ha'Aros is that we have a re'ah from this weeks Parsha to the Chasam Sofer that the Cohanim are makiyum a mitzvah when they are makabel matnas Cahunah. See here in Sefer Pirchei Cahunah in the Kuntres Keser Cahunah for the re'ah from this weeks parsha.
(starts at ois gimmel on the page linked to above and goes until the next page. I will let the reader see it inside themselves instead typing it here.)

Wednesday, June 20, 2012

Shailo in torn klaf

I have posted a shailo by the STaM forum in regards to writing on klaf that was torn.
See here for the post.

Selling STaM via the Internet

I have posted a teshuva by the STaM forum in regards to different issues that came up with those selling STaM via the Internet.
See here for the post.

Tuesday, June 19, 2012

Shailo in Megillas Eichah

I have posted a shailo by the STaM forum in regards to the Pasuchos in Megillas Eichah.
See here for the post.

Monday, June 18, 2012

Tznius outside the home

As a follow up to the previous post here is a Teshuva from the Shevat HaLevi in regards to an isha that puts on make-up only when she leaves her home. See the Teshuva inside here (Shevat HaLevi Chelek 6 Siman 33 Ois 2).

Here is one important line from the Teshuva,

איברא הרבה נהגו שבבית לא מקפידות כ"כ ע"ז, וגם הבעל אינו מקפיד משא"כ כשיוצאות שאינן רוצות להתבזות שמקשטות באופן ממוצע להיותה מכובדת הנה זה דרך העולם ואין בידינו למחות 


While an inyun that some might consider "controversial" or "political" I'd much rather stay away from here is something that I felt the need to comment on. Especially since we find poskim that had discussed. In recent time there have been some woman within the Charedi Community (I'd also like to avoid that phrase if possible!) Who have taken an extreme in tznius. For those that live in Eretz Yisrael (b'frat Yerushalayim and Beit Shemesh) have come across these woman from time to time and surely have seen the signs from the Eidah Charedis expressing that this is not the "derech" that woman in Klal Yisrael have went in in the previous generations (of course they have put out kuntresim supporting their dress and position.) However let's put this aside for a moment and look at the historical aspect. 

In a recent post on the Seforim Blog (of which I am an avid reader) Marc Shapiro discussed these woman. He cited many places where it was discussed a dress of woman as it once was that definitely seems similar to the way this group of women dress now a days. He wrote there,

"R. Joseph Messas (Mayim Hayyim, vol. 2, Orah Hayyim no. 140) points out that Shabbat 6:6 refers to Arabian Jewish women going out veiled, which means that their entire face was covered except for their eyes. He also points to Shabbat 8:3: כחול כדי לכחול עין אחת, which as explained in the Talmud refers to those women who were so modest that they were completely veiled, with only one eye showing in order for them to see (see Rashi, ad loc. See also Rashi to Isaiah 3:19.) Messas tells us that in his youth he personally saw Jewish women who dressed like this: וכן ראינו בימי נעורנו. R. Meir Mazuz’s mother testified that brides in Djerba would only show one eye, also for reasons of modesty."

The second point brought here from R' Messas that the woman would cover their entire face besides for one eye can be found in the Gemorah in Shabbos Daf 80a (See here.) Over there the Gemorah is speaking about the shiur that one would be chayiv if they took out "כחול" on Shabbos. The Gemorah explains that the shiur is "עין אחת" since the "tznu'os" would only reveal one eye from there face and  only one eye they would apply this sort of "make-up" (why are these tznius woman even putting make-up on one eye?!) In any case the Gemorah continues (now this seems to be where the Kuntresim stop) 

מיתיבי רבי שמעון בן אלעזר אומר כחול אם לרפואה כדי לכחול עין אחת 
אם לקשט בב' עינים 
תרגמא הילל בריה דר' שמואל בר נחמני כי תניא ההוא בעירניות

Rashi says, 
בעירניות. בנות כפרים אינן צריכות צניעות כל כך שאין שחוק וקלות ראש מצוי שם ועמה מועטין ואינן מכסין פניהם 
וכוחלות ב' עיניהם

The Gemorah had a kasha since we see from R' Shimon Ben Elezar that you are chayiv only when you take out enough for 2 eyes (when it's for make-up.) The Gemorah answers that that was in a certain place like Rashi explains where there wasn't a problem of sochok v'kalos rosh and therefore they didn't need so much tznius (at least not to the extent of the place where they covered their face.) Therefore we see that which people want to say the minhag was that the woman dressed so tznius-dik was in fact yes a minhag and people dressed this like. Although we see from the continuation of the Gemorah and Rashi that there were some places where they didn't dress like that because there was no need for it. Certainly one can't say that it's a halacha, or something that is a chiyuv to dress according some minhagim recorded in Gemorah, Rishonim, and Achronim. The situation we are in now a days I suppose one could argue both ways if there is a need for such "extremes" in Tznius. However that would be getting into a "political" discussion which as I stated I don't want to get into. Only to point out this interesting Gemorah.

Shailo in Chok Tochos

I will take the opportunity to mention now that I am a contributing member to The International STaM Forum. From time to time I post different shailos in Hilchos STaM to the members there and participate in the discussions. 

I have made a new post which is a shailo in regards to "Chok Tochos" by the letter "Daled". 
See the post here. I don't plan on posting the shailo or the teshuva I have on it, or any of the the discussion on this inyun by the blog here. Those interested can follow along by the STaM Forum.

Tuesday, June 12, 2012

Amoroim and Kavana in Tefillah

Here is a fascinating Gemorah found in Yerushalmi Brachos at the end of Perek 2 Halacha 4 (Daf 17b at the bottom of the page.) A simple reading of the gemorah comes out that these Amoroim are saying that they didn't have kavana when davening! How could it be? What does this Gemorah mean? What is it coming to teach us? What can we take from it?

א"ר חייא רובא אנא מן יומי לא כוונית אלא חד זמן בעי מכוונה והרהרית בלבי ואמרית מאן עליל קומי מלכא קדמי ארקבסה אי ריש גלותא
שמואל אמר אנא מנית אפרוחיא
רבי בון בר חייא אמר אנא מנית דימוסיא
א"ר מתניה אנא מחזק טיבו לראשי דכד מטי מודים הוא כרע מגרמיה

Granted that the Pnei Moshe explains by all these Amoroim the problem was is that they were thinking in learning (and for that reason weren't m'kavain in their tefillah.) Could be there are other mafarshim, tzrich l'ayin. With this pashut it certainly comes to answer a little bit. Obviously one would say our lack of ability to be m'kavain in Tefillah has nothing to do with the fact that we are so "tored" in our learning. Again, tzrich inyun into the whole thing. None the less a very interesting Gemorah.

Sunday, June 10, 2012

Shmu'os of Rav

How chashuv are the "Shmu'os" of Talmidei Chachamim...

See the Gemorah in Shabbos Daf 10b.

רב חסדא הוה נקיט בידיה תרתי מתנתא דתורא אמר כל מאן דאתי ואמר לי שמעתתא חדתא משמיה דרב יהיבנא ליה ניהליה א"ל רבא בר מחסיא הכי אמר רב הנותן מתנה לחבירו צריך להודיעו שנאמר לדעת כי אני ה' מקדשכם יהבה ניהליה אמר חביבין עלך שמעתתא דרב כולי האי א"ל אין א"ל היינו דאמר רב מילתא 
אלבישייהו יקירא א"ל אמר רב הכי בתרייתא עדיפא לי מקמייתא ואי הוה נקיטנא אחריתי יהיבנא לך

Rashi says:
מילתא אלבישי' יקיראמעיל דמיו יקרים למי שרגיל ללובשו כלומר לפי שאתה תלמידו של רב ורגיל בשמועותיו אתה מחזר אחריהם

You see from here how chashuv the shmu'os of Rav were to Rav Chisda. Not only that but the 2nd "shmu'ah" that Ravah bar Machsia said over where Rav himself says how chashuv the shmuos of Chachamim are, that in and of itself was even more chashuv to Rav Chisda!

Sunday, June 3, 2012

Shimush Chachamim

It seems to me now a days that the relationship between a Rebbe and Talmid isn't what it used to be. Now a days you don't see young talmidim running after Chachamim to learn from them. You don't see a "push" by Avrechim to get into a Kollel simply because they want to learn from a particular Rov. While I'm sure there are people that do this as a whole we don't see it so much anymore. Even on the other side, Rabbonim, Roshei Kollelim, Roshei Yeshivos, etc. have made themselves so busy to properly give time to each and every talmid that would want to learn from them.

Already though, Rashi gives us a feeling of what Shimush Chachamim should be like...

It says in the Braisa (see here) at the end Avos:

התורה נקנית במ"ח דברים ואלו הן...בשמוש חכמים

Rashi says there:

שדוחק ונכנס בכל מקום לשמוע דבריהן ולשמשן

The Sfas Emes (See here) writes however that b'zman hazeh could be that learning from seforim is considered to be "Shimush Chachamim".

With these 2 things in my mind my goal in this blog is to share with the world (and hopefully receive feedback and comments) different shailos and teshuva b'halacha, interesting things from seforim, savaras and chiddushim, biurim, and various thoughts and ideas in all areas of Torah. All of these gathered through years of Shimush Chachamim and Pilpul chavarim, together with the limud of many seforim.